V. S. Dilip Kumar v. Sub Inspector of Police Pandalam Police Station
2013-11-06
THOMAS P.JOSEPH
body2013
DigiLaw.ai
Judgment : 1. First of the above applications is filed by the 14th accused while the second one is preferred by accused Nos.2, 11, 16, 17 and 18, in Crime No.1208 of 2013 of the Pandalam Police Station for the offences punishable under Secs.143, 147, 148, 294(b) and 324 r/w Sec.149 of the Indian Penal Code and Sec.3(A) of the Explosive Substance Act. 2. Case is that on 06.10.2013 at about 5.15p.m, those accused and others pelted stones at the de facto complainant and others and used explosives. 14th accused was arrested on 09.10.2013 while the accused in B.A.No.7404 of 2013 were arrested on 14.10.2013 except the 16th accused, who was arrested on 09.10.2013, they are in custody since then and prayed for bail. 3. Learned Public Prosecutor has submitted that connected to the same incident, the Pandalam police have registered Crime No.1209 of 2013 for various offences and after the incident in Crime Nos.1208 of 2013 and 1209 of 2013, three other incidents took place in or around the locality for which Crime Nos.1211, 1215 and 1221 of 2013 are registered. It is submitted that the area is tense. Investigation of the case is not completed. 4. Learned counsel for the accused have argued that further detention of the accused is not required. Learned counsel for the 14th accused submits that the 14th accused was arrested from the hospital where he was undergoing treatment. 5. Learned counsel for the accused in B.A.No.7404 of 2013 submitted that wife of the (second) accused is in advanced pregnancy and there is nobody to look after her. 6. I must also be concerned with public tranquility and peace. When people, may be on account of difference in political ideology indulge in vandalism using deadly weapons and explosives, the above are no ground to grant bail. That, due to the use of explosive somebody has not sustained injury (as the learned counsel submits) is not something that would go to the credit of the accused. That could be due to providence. The request for bail cannot be allowed at this stage. The applications are dismissed.