MADHAVAN Vs. STATE BY DSP/CBI/SCB, MADRAS

JUDGEMENT

(1.) THE Petitioner herein is one of the accused in Crime No. 1929/94 registered for offences under Sections 147, 148,341, 307 and 210(B) I.P.C. The allegation is that the Petitioner herein along with other accused persons conspired to attack Advocate Vijayan and in furtherance of the said conspiracy they assaulted advocate Vijayan on 21 -7 -1994 in the early hours when he was leaving his house to go to New Delhi to attend the case in the Supreme Court in connection with 69% reservation policy of the Tamil Nadu Government.

(2.) THE Petitioner moved the Sessions Judge for anticipatory bail and the same was dismissed on 30 -10 -1995. challan was filed for offences under Sections 143,147,443,324,326,307 and 120 -B Indian Penal Code on 6 -12 -1995 against 13 accused persons on the file of X Metropolitan Magistrate, Egmore, Madras, showing the Petitioner as an absconding accused and his ranking a is shown as accused No. 2.

(3.) IT is settled law that at the stage of considering the application for bail, court should not conduct mini trial and resort elaborate discussion and has to only look into police papers regarding prima facie case and not the probable defence. Contradictory statements by witnesses, lapses in investigation, improbabilities in the prosecution case, medical evidence and all other probable defenses have to be considered at the appropriate stage during trial and not at this stage. The evidence of the Doctor, documents filed, statement of the injured and his father and statement of other witnesses, identification parade, attendant circumstances clearly show the prima facie case against the Petitioner.