LAWS(MAD)-2009-11-71

INSPECTOR OF POLICE MEENSURITTY Vs. RAVI ALIAS RAVICHANDRAN

Decided On November 23, 2009
INSPECTOR OF POLICE MEENSURITTY Appellant
V/S
RAVI ALIAS RAVICHANDRAN Respondents

JUDGEMENT

(1.) CRL. O. P. NO. 12993/2009, is a petition moved by the State to cancel the bail granted to the respondents/accused passed by the learned Principal District and Sessions Judge, Perambalur in Crl. M. P. No. 817/2009 dated 22. 6. 2009. A similar prayer is made in Crl. O. P. No. 10225/2009, again moved by the State. The petitioner in Crl. O. P. No. 21295/2008 is the 1st accused in Crime No. 250/2007 pending in P. R. C. No. 9 of 2006 before the learned Judicial Magistrate, Jeyamkondam, Perambalur District. The petitioner in Crl. O. P. No. 610/2009 is the 3rd accused in Crime No. 130/2008 pending in P. R. C. No. 17/2008 before the same Court. The petitioner in Crl. O. P. No. 21295/2008, seeks transfer of the case in P. R. C. No. 9/2006 from the file of the learned Judicial Magistrate, Perambalur District to the file of any other Sessions Court at Chennai or around Chennai. A similar prayer is made in Crl. O. P. No. 610/2009 in respect of the 3rd accused in Crime No. 130/2008 pending in P. R. C. No. 17/2008 before the learned Judicial Magistrate, Jeyamkondam, Ariyalur District.

(2.) THE background is as follows: there were differences between two groups of villagers belonging to Scheduled Caste community in Vangudi village, Udaiyarpalayam Taluk, Ariyalur District. Between the year 2001 to 2006, more than a 100 cases have been registered for prohibition offences in Vangudi Village. The sudden accumulation of wealth and purchase of vast extents of lands led to ego clashes among the people and the differences between the two groups were magnified in the matter of according temple honours between them. This led to the murder of one Desingu Balan on 22. 10. 2007. A case in Crime No. 220/2007 was registered by the Inspector of Police, Meensuritti Police Station, Ariyalur District and nine persons were arrested in connected therewith. Subsequently, in a retaliatory attack, four of the accused in Crime No. 220/2007 as also one another were put to death in the gruesome incident which involved beheading of two persons on 16. 5. 2008. A case has been registered in Crime No. 130/2008, Meensuritti Police Station, in which 18 persons were arrayed as accused therein.

(3.) UNDER order dated 25. 8. 2008 in C. M. P. No. 3897/2008, the learned Judicial Magistrate, Jayankondam was pleased to grant bail to A3, A4, A6, A9 and A10 in Crime No. 130/2008 on the file of the Inspector of Police, Meensuritty Police Station, Ariyalur District. This order was passed on the understanding that the petitioners were entitled to be released on bail by virtue of operation of Section 167 (2) Cr. P. C. It is this order that is under challenge in Crl. O. P. No. 10225/2009 and it is the bail granted therein, that is sought to be cancelled. By order dated 22. 6. 2009 in Crl. M. P. No. 817/2009, accused A1 and A11 in Crime No. 130/2008, Meensuritti Police Station were granted bail by the learned Principal District and Sessions Judge, Perambalur. It is this order, which is under challenge in Crl. O. P. No. 21295/2009 and it is the bail granted therein, that is sought to be cancelled.