Small Spark May Lead To Catastrophe During Elections: Madras High Court Refuses Anticipatory Bail To Gangster Rocket Raja

While dismissing his plea, Justice B Pugalendhi observed that considering Raja's antecedents, recovery of weapons, a video showing his intention to kill, and considering the elections, the court was not inclined to grant bail.

“Considering the antecedents of the petitioner; the fact that the petitioner has indulged in two communal violence murder cases; that the first accused's friend has uploaded the video about the intention of the accused; the recovery of weapons; and taking into consideration of the ensuing elections, this Court is not inclined to grant anticipatory bail to this petitioner at this stage,” the court ordered.

The court remarked that the Tirunelveli region, which was prone to communal violence, was only free from violence for the past few years. The court added that though antecedents need not be considered at the time of bail, the same could not be followed in the present case as even a small spark may cause a catastrophe in light of the elections.

“Tirunelveli is a communal prone area. It is only for the past few years, the city is without any communal violences. During the ensuing parliamentary elections, any small spark may lead to a catastrophe. Though the Hon'ble Supreme Court in Maulana Amir Rashadi's case (supra), has pointed out that the antecedents of the accused need not be taken into account at the time of considering the bail, this Court is of the view that it cannot be equated to the present facts and circumstances of this case,” the court said.

Raja, who is also the founder of Nadar Makkal Sakthi Iyakkam has been previously arrested in connection with the murder of a Dalit Assistant Professor at an engineering college. Raja is also wanted in several murder and extortion cases.

He had approached the court for anticipatory bail apprehending arrest in a case registered for the offenses under Section 505 (ii) IPC read with Section 25 (1A) of the Arms Act. The prosecution case that one Sonia had uploaded a video on social media in which one Jacob @ Black Jaquar, the first accused in the case, along with his associates, with guns, stated that they were planning to murder other community people who were against them. Jacob was later arrested and based on his confession, a search was conducted in Raja's house where the police recovered a patta Knife, a country-made revolver, and a Telescope that could be attached to the Gun.

Raja submitted that he was a reputed person and the place from where the weapons were recovered was not his house but that of one Palpandi. He further submitted that Jacob had already been enlarged on bail by the Tirunelveli Judicial Magistrate. Arguing that his past antecedents need not be looked into while considering bail, he prayed for anticipatory bail.

The State objected to the plea and informed the court that the investigation was at a nascent stage. The State also informed the court that Raja had seven previous cases to his credit and thus, considering the stage of investigation, it would not be proper to grant anticipator bail.

The court observed that Raja's contention regarding recovery not being made at his house had to be investigated and whether weapons were secured to murder other community people. Thus, considering the stage of the case and the antecedents of Raja, the court was not inclined to grant bail.

Counsel for the Petitioner: Mr.V.Kathirvelu, Senior Counsel for Mr.K.Prabhu

Counsel for the Respondents: Mr.T.Senthil Kumar Additional Public Prosecutor

Citation: 2024 LiveLaw (Mad) 177

Case Title: Arumugapandian @ Bala Vivekanandan @ Rocket Raja v State

Case No: Crl.OP(MD)No.5358 of 2024