Vinayagamoorthy, Aged 29 Yrs v. State Rep.By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Thursday, the Eighteenth day of May Two Thousand Seventeen PRESENT The Hon'ble Mr. Justice V. BHARATHIDASAN CRIMINAL ORIGINAL PETITION No.9307 of 2017 VINAYAGAMOORTHY [ PETITIONER / ACCUSED ] Vs STATE REP.BY [ RESPONDENT ] THE STATION HOUSE OFFICER, KOTTAKUPPAM POLICE STATION, KOTTAKUPPAM, VILLUPURAM DISTRICT CR.NO.360 OF 2016.

For Petitioner : M/S.M.A.VIMAL MOHAN Advocate For Respondent : MR. K. MATHAN Govt. Advocate (crl. Side) PETITION FOR BAIL 439 Cr.P.C.

ORDER : The Court Made the following order :- Heard both sides.

2.The petitioner, was arrested on 10.05.2017 and remanded to judicial custody for the alleged offences punishable under Sections 147, 148 and 302 of I.P.C. in Crime No.360 of 2016 on the file of the respondent police, seeks bail. 3.The case of the prosecution is that due to previous enmity, the petitioner along with other accused is alleged to have involved in the murder of the deceased Chandrasekar. Petitioner is arrayed as the second accused.

4.The learned counsel for the petitioner submitted that the petitioner has not committed any such offence and he has been falsely implicated in this case. He further submitted that the first accused has already been granted bail by this Court vide order dated 23.03.2017 made in Crl.O.P.No.4460 of 2017 and hence, he may be released on bail.

5.The learned Government Advocate (Crl.Side) opposed for grant of bail to the petitioner.

6.Considering the facts and circumstances of the case and taking note of the period of incarceration of the petitioner and also the fact that the co-accused has already been granted bail by this Court vide order dated 23.03.2017 made in Crl.O.P.No.4460 of 2017, this Court is inclined to grant the relief of bail to the petitioner.

7. Accordingly, it is ordered that the petitioner shall be released on bail, subject to the following conditions:- (i) The petitioner shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties, each for a like sum to the satisfaction of the learned District Munsif-cum-Judicial Magistrate, Vanur, Villupuram District and on further condition that (ii) The petitioner shall appear before the respondent police daily at 10.00 a.m. for a period of four weeks and thereafter, as and when required for interrogation. -sd/- 18/05/2017 This order, on being produced, be punctually observed and carried into execution by all concerned TRUE COPY Sub-Assistant Registrar (Statistics/C.S.) High Court, Madras - 600 104.

TO 1 THE DISTRICT MUNSIF CUM JUDICIAL MAGISTRATE, VANUR, VILLUPURAM DISTRICT 2 THE CHIEF JUDICIAL MAGISTRATE VILLUPURAM (FOR INFORMATION) 3 THE SUPERINTENDENT, CENTRAL PRISON, CUDDALORE 4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

5 THE STATION HOUSE OFFICER, KOTTAKUPPAM POLICE STATION, KOTTAKUPPAM, VILLUPURAM DISTRICT +1 CC to M/S.M.A.VIMAL MOHAN Advocate on payment of necessary charges Sr.No.9199 CRL OP.9307/2017 Date :18/05/2017 MD: 18/05/2017