Suresh @ Suresh Kumar v. State Rep. By

Crl.O.P.No.5665 of 2016 K.KALYANASUNDARAM, J.

The petitioner, who is arrayed as A-2, was arrested and remanded to judicial custody on 08.03.2015 for the alleged offences punishable under Sections 120[B], 148 and 302 of IPC in Crime No.79 of 2015 on the file of the respondent police and hence, seeks bail.

2.The case of the prosecution is that A-1 is a life convict and while he was on parole, he conspired with other accused to eliminate the rival group, namely, Valli group, since Valli group has murdered one Vinoth, who belonged to the group of A-1. It is the further case of the prosecution that one Balaguru was kidnapped by Valli group to Coimbatore in order to do some favour for Patturajan in his cement business. Some of the accused informed A-1 about the presence of the Valli group in Coimbatore and thereafter, the accused had gone to Coimbatore from Kanyakumari and A-1, A-3 and A-5 attacked the deceased and three other injured persons with lethal weapons, while the other accused stood guard in the scene of occurrence. 3.

The learned counsel appearing for the petitioner would submit that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution. It is further submitted that similarly placed persons viz., A-7 to A-9 were granted bail by this Court and the respondent has completed the investigation and also filed the charge sheet and therefore, this petition can be considered.

K.KALYANASUNDARAM, J.

sri 4.The learned Government Advocate [Criminal Side] appearing for the respondent would submit that the petitioner is one of the conspirators for commission of offence and he is involved in one previous case for an alleged offence under Section 302 of IPC. It is further submitted that A-7 to A-9, who are granted bail are not appearing before the committal court and hence, NonBailable Warrant was issued against them. 5.Considering the facts and circumstances of the case, this Court is inclined to grant bail to the petitioner with certain conditions. 6.Accordingly, the petitioner is ordered to be released on bail on his executing a bond for Rs.10,000/- [Rupees Ten Thousand only] with two sureties each for a like sum, to the satisfaction of the learned First Additional District and Sessions Judge, Coimbatore and on further condition that the petitioner shall report before the respondent police daily at 10.00a.m. until further orders.

15.03.2016 sri Crl.O.P.No.5665 of 2016