Jafar v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Third day of July Two Thousand Fifteen PRESENT The Hon`ble Mr Justice K.KALYANASUNDARAM CRL OP(MD) No.11852 of 2015 JAFAR ALI ... PETITIONER/ ACCUSED No.5 Vs THE STATE REP.BY THE INSPECTOR OF POLICE THILLAINAGAR POLICE STATION, TRICHY CITY, (CRIME NO. 271 OF 2015) ... RESPONDENT / COMPLAINANT For Petitioner : M/S.B.JAMEEL ARASU Advocate For Respondent : M/S.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 A5 in Crime No.271 of 2015 on the file of the respondent Police was arrested on 10.05.2015 for the offences punishable under Sections 294(b), 147, 148, 307 IPC @ 294(b), 147, 148, 302 IPC, seeks bail.

2.The case of the prosecution is that due to previous enmity, on 10.05.2015 during night hours, the accused have developed quarrel with the deceased and thereafter, attacked him with knife and due to the injuries, the deceased died on 11.05.2015.

3.The learned counsel for the petitioner would submit that the petitioner is an innocent person and he has been falsely implicated in this case. It is further submitted that there are totally 5 accused and there is no specific overtact attributed against this petitioner and the de facto complainant is the son-in-law of the deceased. It is further submitted that the deceased was in inebriated mood at the time of occurrence.

4.Per contra, the learned Government Advocate (Crl.side) submitted that in the complaint it is specifically stated that the petitioner / A5 has attacked the deceased with knife on his hip and all the accused were arrested and they are in judicial custody. It is further submitted that the major part of the investigation is over.

5.Considering the facts and circumstances of the case, this Court is inclined to grant bail to the petitioner with certain conditions. Accordingly, the petitioner is ordered to be released on bail on executing https://hcservices.ecourts.gov.in/hcservices/

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.IV, Trichy, and on further condition that the petitioner shall appear before the Junction Police Station daily twice at 10.00 am., and 5.00 pm until further orders.

sd/- 03/07/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) TO 1 THE JUDICIAL MAGISTRATE, NO.IV, TRICHY.

2 DO THRO THE CHIEF JUDICIAL MAGISTRATE , TRICHY. 3 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI 4 THE INSPECTOR OF POLICE THILLAINAGAR POLICE STATION, TRICHY CITY.

5 THE SUPERINTENDENT, CENTRAL PRISON, TRICHY. 6 THE OFFICER INCHARGE, JUNCTION POLICE STATION, TRICHY +1. CC to M/S.B.JAMEEL ARASU Advocate SR.No.35787. TS/03.07.2015/2P -8C

ORDER

IN CRL OP(MD) No.11852 of 2015 Date :03/07/2015 https://hcservices.ecourts.gov.in/hcservices/