THOMAS Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) BOTH the detenus, along with other accused, are alleged to have committed the offences punishable under Sections 364-A, 392, 394 and 398 IPC, for which a case in Cr.No,754/2008 has been registered by the Inspector of Police, Crime, K-10 Koyambedu Police Station. It is alleged that on 14.7.2008 night at about 9.15 p.m., all the accused persons, coming by a two wheeler and a Maruthi van, intercepted the auto bearing registration No.TN-01W-2921, wherein the defacto-complainant Balasubramanian and two others were travelling, at Koyambedu Roundana, opposite to Hotel Shan Royal, and beat the auto driver and pushed him and at the point of knife and log, threatened the defacto-complainant and two others, who were sitting in the auto with cash in their hands and assaulted them and kidnapped them in the van in which they came and also threatened the public and later they snatched the cash of Rs.40 lakhs from the defacto-complainant and one Sivamurugesan and took them to Madhavaram and underneath the Madhavaram bridge, they pushed one by one and escaped from the spot in the said van.

(2.) IT is further alleged that while both the detenus were absconding in the above said Cr.No,754 of 2008 of the K-10 Koyambedu Police Station, the detenu Alex @ Savarimuthu Alex, brother of the petitioner in H.C.P.No.1888 of 2008, on 18.7.2008 at about 18.00 hours went to the fast food centre of one Babu, at Third Avenue road, Arumbakkam, Chennai in a Qualis car bearing Registration No.TN-09 U-7273 and had fried rice and when they were about to move without paying money, the said Babu insisted for payment of the bill. Questioning the dareness of Babu in insisting payment, the detenu Alex @ Savarimuthu Alex caught hold of Babu and the other accused Bala @ Balamurugan beat him over his cheeks and all the accused have assaulted him and the detenu Alex @ Savarimuthu Alex removed the gold chain and all the accused persons, threatening the nearby shopkeepers and public escaped from the scene. Thereupon, on the complaint lodged by Babu, a case in Cr.No,442/2008 of K-3 Aminjikarai Police Station came to be registered for the offences punishable under Sections 147, 148, 341, 323, 384 and 386 IPC.

(3.) IT is further seen that the detenu Alex @ Savarimuthu Alex and Bala @ Balamurugan were arrested on 23.7.2008 at 18.00 hours at 200 Feet Road near Lucas Bus Stop and a cash of Rs.2,17,000/= was recovered from them under a cover of mahazar and later they were produced before the V Metropolitan Magistrate, Egmore, Chennai and they were remanded to judicial custody till 31.7.2008, which was periodically extended till 27.8.2008.