Veeramani v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the First day of July Two Thousand Fifteen PRESENT The Hon`ble Mr Justice K.KALYANASUNDARAM CRL OP(MD) No.12104 of 2015 1 VEERAMANI 2 UDAYAN 3 SUBASH @ SUBASH KUMAR 4 SARATH KUMAR 5 JAKKI @ RAMESH ... PETITIONER / ACCUSED NO.2 TO 6 Vs THE STATE REP.BY THE INSPECTOR OF POLICE AMMAPETTAI POLICE STAITON, THANAJVUR DISTRICT,. CRIME NO.233 OF 2015 ... RESPONDENT / COMPLAINANT For Petitioner : M/S.B.JAMEEL ARASU Advocate For Respondent : Mr.K.V.RAJARAJAN, Government Advocate(crl.side) PETITION FOR BAIL Under Sec. 439 Cr.P.C.

ORDER : The Court Made the following order :- The petitioners, who are arrayed as A2 to A6 in Crime No.233 of 2015 on the file of the respondent police, were arrested and remanded to judicial custody on 09.05.2015 for the alleged offences punishable under Sections 147, 148, 364, 506(ii) and 302 of I.P.C., and hence, seek bail.

2.The case of the prosecution is that there was money transaction between A2 and deceased and due to altercation over the money transaction, the accused have kidnapped the deceased and attacked him with beer bottle and caused his death. 3.The learned counsel for the petitioners submitted that there is no specific overt act against the petitioners No.1, and 3 to 5/A2 and A4 to A6 and the prime accused A1 was already arrested and released on bail by the Sessions Court in Crl.M.P.No1842 of 2015 on 03.06.2015. He further submitted that the petitioners are innocent persons and they have been falsely implicated in this case. 4.The learned counsel for the petitioners submitted that the second petitioner/A3, who has caused fatal injury on the deceased, was already detained under Act 14 of 1982. Hence, this petition is dismissed against the second petitioner/A3.

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5.Per contra, the learned Government Advocate (Crl.side) submitted that the due to money transaction between A1 and the deceased, all the accused have kidnapped the deceased and attacked him with broken beer bottle and killed him on 07.05.2015. 6.Considering the submission of the learned counsel for the petitioners, this Court is inclined to enlarge the petitioners No.1 and 3 to 5 / A2 and A4 to A6 on bail on the following conditions. 7.Accordingly, the petitioners No.1 and 3 to 5 / A2 and A4 to A6 are directed to be released on bail on each of them 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 District Munsif cum Judicial Magistrate, Papanasam, Thanjavur District and on further condition that the petitioners No.1 and 3 to 5/ A2 and A4 to A6 shall report before the respondent police daily at 10.00 a.m., until further orders. sd/- 01/07/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1.THE JUDICIAL DISTRICT MUNSIF CUM THE JUDICIAL MAGISTRATE,PAPANASAM, THANJAVUR DISTRICT.

2.THE CHIEF JUDICIAL MAGISTRATE THANJAVUR AT KUMBAKONAM 3.THE ADDL. PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

4.THE SUPERINTENDENT CENTAL PRISON, TRICHY.

5.THE INSPECTOR OF POLICE AMMAPETTAI POLICE STAITON, THANAJVUR DISTRICT +1. CC to M/S.B.JAMEEL ARASU Advocate SR.No.31969

ORDER

IN CRL OP(MD) No.12104 of 2015 Date :01/07/2015 RG.01.07.2015 2P/7C.

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