G.Eniyan v. The Inspector Of Police

CRL OP(MD). No.19865 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 14/12/2021 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN CRL OP(MD). No.19865 of 2021 G.Eniyan ... Petitioner/Accused Rank No.2 Vs State Rep.by The Inspector of Police, Seithur Rural Police Station, Virudhunagar District.

(Crime No.157/2021) ... Respondent/Complainant For Petitioner : Mr.D.Rajaboopathy, Advocate.

For Respondent : Mr.R.Meenakshi Sundaram, Additional Public Prosecutor PETITION FOR BAIL Under Sec.439 of Cr.P.C.

PRAYER :- For Bail in Crime No.157 of 2021 on the file of the respondent police.

ORDER : The Court made the following order :- The petitioner/Accused No.2 herein, who was arrested on 20.11.2021 for the alleged offence under Sections 4(b) and 5 Explosive Substances Act, 1908 in Crime No.157 of 2021, on the file of the respondent police, seeks bail.

2.The case of the prosecution is that on receipt of secret information the police party went to the place of occurrence. At that time, the police party found 9 country made bomb in the filed of accused No.1. Hence, the case.

3.The learned counsel for the petitioner submitted that the petitioner is an innocent person and she has not committed any offence as alleged by the prosecution. Only on the confession of accused NO.1, this petitioner has been arrayed as accused NO.2. 4.The learned Additional Public Prosecutor submitted that the 9 country made bombs were from the field of accused NO.1. This petitioner is the supplier of the explosive substances to the first accused. The first accused used the same to prevent the cattle from https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRL OP(MD). No.19865 of 2021 entering into the field. The petitioner is having five previous cases. Among which two cases are similar in nature and both cases are now pending. He would further submit that the investigation is still pending and he opposed the grant of bail to the petitioner. 5.Finding the antecedents of the petitioner, this Court is of the opinion that if the petitioner is released on bail, he will indulge in such activities endangering human life. Since the investigation is not completed, this Court is not inclined to grant bail to the petitioner at this stage. This petition deserves to be dismissed.

6.Accordingly, this Criminal Original Petition is dismissed. sd/- 14/12/2021 / TRUE COPY / / /2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

TO 1 THE INSPECTOR OF POLICE, SEITHUR RURAL POLICE STATION, VIRUDHUNAGAR DISTRICT.

2 THE OFFICER INCHARGE, DISTRICT JAIL, VIRUDHUNAGAR, VIRUDHUNAGAR DISTRICT.

3 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1 CC to M/s.D.RAJABOOPATHY, Advocate (SR-9290[I] dated 15/12/2021)

ORDER

IN CRL OP(MD) No.19865 of 2021 Date :14/12/2021 TM MS/CN/SAR-3/05.01.2022/2P.5C https://hcservices.ecourts.gov.in/hcservices/ 2/2