Radhakrishnan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Eighth day of July Two Thousand Fifteen PRESENT The Hon`ble Mr Justice K.KALYANASUNDARAM CRL OP(MD) No.12241 of 2015 1 RADHAKRISHNAN 2 PUGAZHENDHI 3 NAGALINGAM 4 VIVEK 5 AMBROSE ... PETITIONER(S) / ACCUSED 1 TO 5 Vs THE STATE REP.BY THE INSPECTOR OF POLICE THIRUPPANANDAL POLICE STATION, THANJAVUR DT, CRIME NO.145/2015 ... RESPONDENT / COMPLAINANT For Petitioner : M/S.M.KARUNANITHI 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 petitioners, who are arrayed as A-1 to A-5 in Crime No.145 of 2015 on the file of the respondent police were arrested and remanded to the judicial custody by the respondent police on 12.05.2015 for the alleged offences under Sections 452, 302 I.P.C @ 147, 148, 342, 452 and 302 of I.P.C and hence seek bail.

2. The case of the prosecution is that a relative of the first accused was attacked by the son of the deceased, which led to amputation of his right hand. Due to which, on 11.05.2015, the first accused attacked the deceased with knife, While the accused Nos.2 to 5 caught hold of him. 3.The learned counsel for the petitioners submitted that the case was registered against the petitioners only on suspicion and there is no eye witness to the occurrence and they have been in judicial custody for more than fifty days. He further submitted that the petitioners are innocent and they have been falsely implicated in this case.

4. Per contra, the learned Government Advocate(Crl. Side) would submit that the son of the deceased is a rowdy element and he is having numerous criminal cases and he had planned to attack the friends of the accused. Due to that reason, the accused had killed the deceased. He further submitted that major part of the investigation is over. https://hcservices.ecourts.gov.in/hcservices/

5. Considering the facts and circumstances of the case, I am inclined to enlarge the petitioners on bail on the following conditions.

Accordingly, the petitioners are directed to be released on bail on executing a separate 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, Kumbakonam, and on further condition that the petitioners shall appear before the respondent police daily at 10.00 a.m until further orders.

sd/- 08/07/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) TO 1 THE JUDICIAL MAGISTRATE, KUMBAKONAM.

2 DO THRO THE CHIEF JUDICIAL MAGISTRATE, THANJAVUR AT KUMBAKONAM. 3 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI 4 THE INSPECTOR OF POLICE THIRUPPANANDAL POLICE STATION, THANJAVUR DISTRICT. 5 THE SUPERINTENDENT, CENTRAL PRISON, TRICHY. +1. CC to M/S.M.KARUNANITHI Advocate SR.No.37127. TS/08.07.2015/2P -7C

ORDER

IN CRL OP(MD) No.12241 of 2015 Date :08/07/2015 https://hcservices.ecourts.gov.in/hcservices/