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Madras High CourtCRL OP/7939/2016granted

Mohamed Riyaadeen@Riyal v. State Rep.By

2016-04-11Honourable Mr Justice K. Kalyanasundaram3 pages

Crl.O.P.No. 7 9 3 9 of 2 0 1 6 K. KALYANA S U NDARAM, J.

The petitioner is A5 and he was arrested and remanded to judicial custody on 04.03.2016 for the alleged offences punishable under sections 147, 148, 294(b), 341, 323, 506(ii) and 302 IPC, in Crime No.229 of 2016 on the file of the respondent police and hence, seeks bail.

2. According to the prosecution, the accused and the deceased are friends and a wordy quarrel arose between them with regard to the uploading the photographs taken at Bangalore. Despite objection by the accused, the deceased has uploaded the photos one week prior to the occurrence, infuriated by the action of the deceased on 14.02.2016, the first accused attacked the deceased with wooden log and also strangulated him to death, while the accused Nos. 2 to 4 have kicked the deceased with legs and the accused Nos. 5 to 7 attacked with hands.

3. The learned counsel appearing for the petitioner submitted that the co-accused viz., A1 and A-4 were granted bail by this Court in Crl.O.P.Nos. 7338 & 6737 of 2016 on 01.04.2016 and 28.03.2016 respectively and the petitioner is an innocent person and he has not

K. KALYANA S U NDARAM, J.

v s g committed any offence as alleged by the prosecution and he has been falsely roped in this case. It is further submitted that the petitioner is ready to cooperate for the investigation.

4. The learned Government Advocate (Criminal side) appearing for the respondent would submit that the date of occurrence is 14.02.2016 and there are seven accused in this case and the petitioner was arrested on 04.03.2016 and the co-accused have already been granted bail.

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 personal 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 13th Metropolitan Magistrate, Egmore, and on further condition that the petitioner shall report before the respondent police daily at 10.00 a.m., until further orders.

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v s g Crl.O.P.No. 7 9 3 9 of 2 0 1 6