CRL.A(MD).No.359 of 2018

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

RESERVED ON : 06.06.2022

PRONOUNCED ON : 21.06.2022

CORAM

THE HONOURABLE MR.JUSTICE K.MURALI SHANKAR

CRL.A(MD).No.359 of 2018

and

Crl.M.P.(MD)Nos.6343 to 6345 of 2018

1.Krishnakumar @ Kanthan

2.Rajendran

3.Subaskaran @ Jeevan @ Raja @ Prabha

.. Appellants/Accused Nos.1, 3 and 4

Vs.

State represented by

The Additional Superintendent of Police,

Q Branch Crime Investigation Department,

Tirunelveli Range,

Ramanathapuram Range(Incharge),

(In Crime No.1 of 2015).

.. Respondent/Complainant

PRAYER: Criminal Appeal filed under Section 374 Cr.P.C, to call for

the judgment dated 28.04.2018 made in S.C.No.7 of 2016, on the file

of the learned Principal District and Sessions Judge, Ramanathapuram

and set aside the same.

For Appellants : Mr. Mr.T.Lajapathi Roy

for Mr.T.Thirumurugan

for A.1 and A.3

: No Appearance for A.2

For Respondent : Mr.R.Meenakshi Sundaram

Additional Public Prosecutor

JUDGMENT

The Criminal Appeal is directed against the judgment of

conviction and sentence imposed on the appellants/accused – A.1, A.3

and A.4 in S.C.No.7 of 2016, dated 28.04.2018, on the file of the

Principal District and Sessions Court, Ramanathapuram.

2. The case of the prosecution is that on 20.07.2015 at

08.30p.m., on receiving a secret information about the movement of

LTTE cadres, Q Branch CID Inspector Kennedy and his party organised

vehicle check up at Uchipuli bus stand, that the said police party

intercepted a white TATA Indigo Car bearing Registration No.TN-07-

BK-3574 proceeding from Ramanathapuram towards Rameswaram and found

the first accused – Krishnamumar and the third accused – Rajendran

seated in the car and the second accused – Sasikumar was on the

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https://hcservices.ecourts.gov.in/hcservices/

CRL.A(MD).No.359 of 2018

wheel, that during the search, 75 Cyanide capsules, 600grams

chemicals meant for manufacture of cyanide, 4 GPS, 6 mobile phones,

Indian Currency of Rs.46,200/-, Sri Lankan currency of Rs.19,300/-,

one sovereign gold chain, Sri Lankan National ID card, one ATM card

of IOB, Driving licences issued at India and Sri Lanka were seized

from the possession of the first accused Krishnakumar, that two

mobile phones, SBI passbook, Voter ID card and Aadhar Card along

with the TATA Indigo Car were recovered from the second accused

Sasikumar, that one mobile phone was seized from the third accused

Rajendran and that the Inspector of Police Kennedy preferred a

special report and produced the accused along with the seized items

to the Inspector of Police – S.K.Ramesh, Q Branch CID,

Ramanathapuram District and on that basis, FIR came to be registered

in Cr.No.1 of 2015 for the offences under Sections 10(a)(i), (iv)

and 38(1) of the Unlawful Activities (Prevention) Act, 1967, Section

3(a) r/w 12(1)(a) of the Passport Act, 1967, Section 3 and 14(c) of

the Foreigners Act 1946, Section 6 of the Poisons Act, 1919 and

Section 419 I.P.C.

3. It is the further case of the prosecution that the Inspector

of Police, Trichy Q Branch CID had conducted a search at the

residence of the first accused – Krishnakumar at No.5, 1^st Main road,

Renga Nagar, K.K.Nagar, Trichy-21 on 21.07.2015 at about 16.00hours

and seized driving licence, Sri Lankan Passport, Karur Vysya Bank

passbook, Aadhar card, photos of Prabhakaran and Thileeban,

certificate issued to the first accused in the name of Kanthan for

visiting Mullivaikkal Muttram at Thanjavur along with Laptop, two

DVD and camera memory card.

4. It is the further case of the prosecution that the first

accused in his confession had disclosed about the fourth accused

Subhaskaran @ Jeevan @ Raja @ Prabha who was allegedly helping in

transacting the funds collected through illegal means from the

sympathizers of LTTE living in foreign countries, that the said

fourth accused Subhaskaran was arrested on 25.