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Judgment
Case was registered in Crime No.118 of 2013 against unknown persons for the offence punishable under Sections 120- B, 121, 121(A), 123, 307, 332, 435 and 201 of the Indian Penal Code; Section 3 and 4 of Prevention of Damages to Public Property Act, 1984; and under Sections 3, 10, 11 13, 16, 17, 18 and 19 of the Unlawful Activities (Prevention) Act, 1967. Initially, the case was registered by Vyalikaval Police and thereafter the case was handed over to Central Crime Branch for further investigation. Based upon voluntary statements made before the investigating officers by A1, A2 and A3, petitioner was arrested from Karambukadai, Coimbatore on 10th May 2013 and is arraigned as accused No.13 in the present case.
The submission of the learned State Public Prosecutor is that during first week of March 2013 accused No.3 Kichan Buhari, Accused No.12 Suleman Manbhai @ Olango and accused No.13 the petitioner herein transported 20-30 kilograms of Gel Ammonium nitrate base explosive and electric detonators from Coimbatore to Satyamangala Panchayat Office (Erode) on two occasions in an Innova car bearing registration No.TN-66-0055 belonging to accused No.3 and handed over the same to accused No.9 Fakruddin-the Police to use the same in the bomb blast at Malleswaram, Bangalore. The investigation revealed that in this regard several conspiracy meetings were held at the residence of accused No.3 and accused No.13 and also at several other places.
The learned counsel appearing for the petitioner submitted that the petitioner has not committed any offence much less the offence alleged against him and it is only on the basis of the voluntary statement of accused No.2 and 3, the charge sheet has been filed against him and there are no specific overt acts against this petitioner and it is a false case filed against him by Coimbatore police and he has been arrested at the instance of Tamil Nadu police.
Per contra, the learned State Public Prosecutor submits that the materials which were used for the commission of offence were seized only at the instance of accused No.13. It is also the case of the prosecution that in Coimbatore bomb blast case, this petitioner was also involved against whom charge sheet was filed. Further, it is submitted that on many occasions conspiracies were held at the residence of accused No.3 and accused no.13 and the petitioner is a habitual offender. Hence he submitted to dismiss the petition.
Filing of charge sheet against the petitioner and the nature of offence alleged therein are sufficient to show that the petitioner is involved in the offence which is very serious and causes disharmony among the public. The activist group, in which the accused are associated, is banned by the Central Government and also by the United Nations Organisation and the activities of the group, its aim and objects are only to disrupt public harmony and to destruct the social peace in which innocent people die.
Considering the nature of offence alleged to have been committed against the Nation itself, the petitioner is not entitled for bail. In case the offences alleged against the petitioner are proved, the punishment would be death or life imprisonment. Hence it is not a case for grant of bail.
Accordingly, the petition is rejected.