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Cops busy with lockdown, can’t grant bail to habitual offenders: HC
Granting bail to habitual offenders would not be safe, as it would turn into a licence for them at a time when the attention of the police is focused on enforcing lockdown norms, said the Madras High Court.
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Chennai
Of the 34 bail pleas moved by persons accused in various crimes, the court dismissed a majority of them on Thursday.
Justice R Subramanian made the observation while rejecting the bail plea of Manikandan alias Vikki, who is facing cases, including robbing and chain snatching among others.
Though the petitioner contended that he was falsely implicated by the Tiruninravur police, the additional public prosecutor submitted that there were five other cases registered against him and the other accused on the same day.
The judge also refused bail to one Kumaran of Vellore, who had allegedly misappropriated money entrusted for loading in ATMs belonging to various banks. Justice Subramanian held that he could not be let out on bail considering the nature of the crime and the fact that the CCTV footage showed his involvement in the crime.
Another plea that was dismissed was moved by three persons – Vinoth, Kumaraesh and Vinod Kumar Babu – booked by Bank Fraud Division, Vepery, for alleged online fraud.
Though they claimed having no role to play in the crime as they were only carrying out superiors’ instructions, the judge dismissed the pleas after finding that they made calls to several persons and induced them to deposit certain percentage of amount in their account for sanctioning the loan. They also used the card details obtained from the victims to withdraw money. The prosecutor also submitted that complaints were still coming in adding that the fraud has pan India impact involving over Rs 10 crore.
The judge also refused bail to one P Kanthasamy who opened accounts in various banks in the name of different persons, and by using the OTP obtained from gullible individuals he withdrew about Rs 11 crore. One Murugan alias Stalin from Kancheepuram, who allegedly refused to return hired cars and instead attacked the owner, was also denied bail. He reportedly hired 38 cars, of which only five have been recovered so far.
A 47-year-old Pocso offender who allegedly sexually assaulted a 16-year-old girl who became pregnant was also refused bail.
Kesavan, a habitual offender involved in minor offences of theft in Namakkal and has 10 cases pending against him as on record, was also denied bail. Justice Subramanian dismissed the bail plea on holding that it would not be safe to release the petitioner as he would restart the profession of committing theft periodically.
No respite for accused in burial ground attack case
The District Principal and Sessions Court, Chennai, on Friday denied bail applications filed by 10 accused who were arrested for obstructing the burial of a doctor who succumbed to COVID-19.
Dismissing the bail applications, Principal Sessions Judge R Selvakumar said the court prima facie found that the petitioners were not law-abiding citizens, having no regard for the law. “During the lockdown, they assembled unlawfully and acted inhumanly obstructing the burial of a doctor’s body in the public graveyard. Considering the nature of the offence, granting bail to the petitioners at this juncture may encourage the commission of similar offences by others leading to law and order problem in the city,” said the judge.
The petitions were filed by Elanga alias Elangonathan, Lokeshwaran, Senthil Kumar, Annamalai, Nirmala, Anand Raj alias Kutty, Somasundaram, Kumar, Manikandan and Kathar Moitheen.
On April 20, Anna Nagar police arrested 22 persons in connection with the attack on an ambulance that had arrived at Velangadu burial ground carrying the body of Dr Simon Hercules, a neurosurgeon who succumbed to COVID- 19.
They were arrested for the offences punishable under sections 147 (rioting), 148 (rioting, armed with a deadly weapon), 294(b) (uttering obscene words), 332 (voluntarily causing hurt to deter public servant from his duty), 324 (voluntarily causing hurt by dangerous weapons), 307 (attempt to murder) and 506(ii) of Indian Penal Code r/w 269 of IPC, and Section 3(1) of Tamil Nadu Property Prevention of Damage and Loss Act.
Some of the petitioners submitted that they were falsely implicated in the case. But the prosecution contended that it was a case of rioting. “A mob gathered and obstructed the burial of a doctor. The ambulance in which the body was taken was damaged by the gang,” said the government pleader.
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