Rajini@Karuppaiah v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Tenth day of June Two Thousand Fifteen PRESENT The Hon`ble Mr Justice K.KALYANASUNDARAM CRL OP(MD) No.10303 of 2015 RAJINI @ KARUPAIAH ... PETITIONER/11TH ACCUSED Vs STATE REP.BY THE INSPECTOR OF POLICE THUVAKKUDI POLICE STATION, TRICHY DIST.

(CRIME NO. 88/2015) ... RESPONDENT/COMPLAINANT For Petitioner : M/S.B.S.MANJUNATH Advocate For Respondent : MR.K.V.RAJARAJAN, Govt. Advocate ( Crl. Side) PETITION FOR BAIL Under Sec. 439 Cr.P.C.

ORDER : The Court Made the following order :- The petitioner, who is arrayed as A11 in Crime No.88 of 2015 on the file of the respondent police, was arrested and remanded to judicial custody on 07.04.2015 for the alleged offences punishable under Sections 147, 148, 302 and 506(ii) of I.P.C., r/w 120(b) of I.P.C., and hence, seeks bail.

2.The case of the prosecution is that due to the dispute over celebrating the temple festival, A1 to A4 have attacked the deceased on 02.04.2015 with lethal weapons and caused his death and other accused have conspired with the prime accused and supplied the weapons to them. 3.The learned counsel for the petitioner submitted that the petitioner is an innocent and he has been falsely implicated in this case. He further submitted that even as per the case of the prosecution, he is one of the conspirators in the alleged occurrence and he is not at all present in the scene of occurrence. He further submitted that the petitioner has been implicated on the basis of the confession given by the first accused and the similarly placed accused A5 and A12 were already released on bail.

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

4.The learned Government Advocate (Crl.side) would oppose the bail application stating that the petitioner is involved two previous cases for the offences under Sections 397 and 379 of I.P.C., and the petitioner is a history-sheeted rowdy in H.S.No.13 of 2009. 5.The learned counsel for the petitioner submitted that the petitioner was already acquitted in the previous cases registered against him and he is ready to abide by any condition. 6.Considering the overt act attributed against the petitioner and the period of incarceration, this Court is inclined to enlarge the petitioner on bail on the following conditions. Accordingly, the petitioner is directed to be released on bail on his executing 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 Judicial Magistrate No.VI, Trichy and on further condition that the petitioner shall report before the respondent police daily twice ie., at 10.00 a.m., and 05.00 p.m., until further orders. sd/- 10/06/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) TO 1 THE JUDICIAL MAGISTRATE NO.VI,TRICHY.

2 DO-THRO'THE CHIEF JUDICIAL MAGISTRATE,TRICHY. 3 THE SUPERINTENDENT,CENTRAL PRISON,TRICHY. 4 THE INSPECTOR OF POLICE THUVAKKUDI POLICE STATION, TRICHY DISTRICT.

THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT,MADURAI.

+1. CC to M/S.B.S.MANJUNATH Advocate SR.No.29218

ORDER

IN CRL OP(MD) No.10303 of 2015 Date :10/06/2015 PA/AMF/10.06.2015/2P/7C https://hcservices.ecourts.gov.in/hcservices/