STATE Vs. E VEERAMANI

JUDGEMENT

(1.) Petitions praying that in the circumstances stated therein and in the respective affidavits filed therewith the High Court will be pleased to cancel the bail granted in Cr1. O.P. Nos. 6271/93, 6275/93 and in and by the orders of this court dated 14.6. 1993, 25.5.1993 and granted in Cr1. M.P. No. 3238/94 respectively and to cancel the bail in S.C. 96/94 dated 13.6.1994 in S.C. No. 96/94 Principal Sessions Court, Madras (II AddI. Sessions Judge, Madras in charge Cr1. O.P. Nos. 6271 and 6275/93: Petitions to release the petitioner in both the petitions on bail pending investigation in Crime No. 237/93 on the file of the Inspector of Police, B.2, police station, Madras and in Crime No. 288/93 on the file of the Inspector of Police, K.K. Nagar police station, Madras. These petitions coming on far hearing on 23.8.1994, 16.9.1994, 17.9.1994, 20.9.1994, 7.10.1994 and 11.10.1994 upon perusing the petitions and the respective affidavits filed in support thereof and the orders of this court dated 14.6.1993 and 25.5.1993 and made in Cr1. O.P. Nos. 6271/93 and 6275/93 respectively and the counter affidavits filed therein and upon hearing the arguments of Mr. S. Shanmughavclayutham, AddI. Public Prosecutor on behalf of the State, in all the petitions herein and of Mr. A. Natarajan, Advocate for the respondent in all the petitions herein and this having stood over for consideration till this day, the Court made the following order: On 10.2.1993 the Inspector of Police, L. & 0. R-7 K.K. Nagar Police Station registered a case against one Veeramani the respondent in all these three petitions in his Station Crime No. 288/93 under Sections 148, 341, 302 and 506 II I.P.C. read with Section 34 I.P.C. on the complaint that at 8.45 AM on that day the said Veeramani and his associates wrongfully restrained one Annadurai at the junction of 100 feet Road and Periyar Street in front of Sakthi Vinayagar Temple, assaulted him with patta knife and committed his murder. On the same day another complaint In Crime No. 237/93 under Sections 147, 148, 120-B, 341, 307, 506(11) and 109 read with Section 149 I.P.C. was registered against the said Veeramani by the Inspector of Police (Law & Order), B. 2 Esplanade Police Station on the allegation that at about 4.00 P.M. on 10.2.1993 he had attempted to commit the murder of the complainant therein by stabbing with patta knife. On 11.2.1993 at 4.00 P.M. one Munusu, Inspector of Police, Foreshore Estate Police Station lodged a complaint with the Inspector of Police (Law & Order) D. 5 Marina Police Station in Crime No. 61/93, u/s. 332, 336, 324, 427 and 307 I.P.C. alleging that on 11.2.1993 he was assigned the specific task of apprehending Veeramani in connection with the above said two cases. When he had gone to Ayodhya Kuppam along with his Police Party, Veeramani and his henchmen threatened the Police Party and attacked him with patta knife aiming at his head.

(2.) Respondent Veeramani was arrested on 11.2.1993 by the Inspector of Police (Law & Order) E-5 Foreshore Estate Police Station and was remanded to custody. Thereafter, he was detained under Act 14 of 1982 as a bootlegger from 16.2.1993. After the expiry of the detention on 15.2.1994 he continued to be in custody. In the meanwhile, on 25.5.1993 in Cr1. O.P. No. 6275 of 1993 he was ordered to be released on bail by the Principal Sessions Judge, Madras under Section 167 (2) Cr. P.C. on the ground that charge sheet was not laid within 90 days. This order relates to Crime No. 288/93 of K.K. Nagar Police Station. The charge sheet in this crime number was laid only on 3.11.1993. Similarly in Cr1. O.P. No. 6271 of 1993 he was granted bail on 14.6.1993 in connection with Crime No. 237/93 of B-2 Esplanade Police Station Madras. This was also under Section 167(2) Cr. P.C. on the ground that charge sheet was not laid within 90 days of the arrest of the accused. It appears that without reference to the order in Cr1. M.P. No. 6271 of 1993 the VII Metropolitan Magistrate, George Town, Madras had already passed an order on 4.5.1993 releasing accused on his own bond under Section 167 (2) Cr. P.C. on the failure of laying of the charge sheet. The charge sheet herein was laid only on 16.8.1993. In both these crime numbers respondent did not avail the bail order in his favour and get him actually released till the charge sheets were filed. Though his detention period under Act 14 of 1982 expired on 15.2.1994, he continued to remain in prison.

(3.) On 6.6.1994 he came forward with Cr1. M.P. No. 3238 of 1994 before the Principal Sessions Judge, Madras seeking bail regarding his detention in D-5 Merina Police Station Crime No. 61/93. Charge sheet filed in this crime number had been taken on file as S.C. No. 96 of 1994 in the Court of Principal Sessions Judge, Madras on 13.6.1994 the II Additional Sessions Judge who was in- charge of Principal Sessions Court directed the release of respondent Veeramani on bail on condition that he should stay at Kanniyakumari and report before the Inspector of Police, Kanniyakumari Town Police Station daily twice at 10.00 A.M. and 5.00 P.M. He was also directed not to leave the Municipal limits of Kanniyakumari without prior permission of the Court pursuant to this order he was actually released from custody on 14.6.1994. In the other two crime numbers also he offered sureties only on 13.6.1994 and came out of prison on 14.6.1994. Two months later on his application dated 12.8.1994 the condition was modified and he was directed to remain at Nagapattinam.