Katturaja v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Fifteenth day of July Two Thousand Fifteen PRESENT The Hon`ble Mr Justice K.KALYANASUNDARAM CRL OP(MD) No.13089 of 2015 1 KATTURAJA 2 MASTER @ PUTHIRAKONDAN 3 RAMESH @ KARUVAYAN 4 RATHINAVEL @ PEIRATHINAVEL 5 SELVAM ... PETITIONER(S) / ACCUSED 3,2,4,5 & 7 Vs 1 THE STATE REP.BY THE INSPECTOR OF POLICE THALAVOIPURAM POLICE STATION, VIRUDHUNAGAR DISTRICT , CRIME NO.244/2015 2 THE INSPECTOR OF POLICE, SEITHUR POLICE STATION, VIRUDHUNAGAR DISTRICT , CRIME NO.198/2015 ... RESPONDENT / COMPLAINANT For Petitioner : M/S.R.MATHIYALAGAN 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/A3, A2, A4, A5 and A7, who were remanded to judicial custody by the respondent police on 19.06.2015 and 20.06.2015 for the alleged offence under Sections147,148, 294(b), 307 and 302 IPC in Crime No.198 of 2015 on the file of the respondent police, seek bail.
2. According to the prosecution, the first accused and the deceased are brothers and with regard to theft of jewellery, the first accused suspected the deceased and he was taken to an isolated place where he was attacked by the accused with bottle, stick and other weapons. 3.The learned counsel for the petitioners submitted that the petitioners are friends of the first accused and there is no specific overt act attributed against them. It it further submitted that the petitioners were implicated in this case only on suspicion and they have been incarceration for more than 55 days.
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4.The learned counsel further submitted that even according to the prosecution,the second accused attacked with bottle on the backside of head of the deceased and the accused 3 to 5 attacked with sticks and the eighth accused was watching the movements of the general public. 5.The learned Government Advocate (Crl.side) submitted that major part of investigation is over and all the accused have been arrested and remanded to judicial custody.
6. 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 each of them 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, Rajapalayam, and on further condition that the petitioners shall appear before the respondent police daily at 10.00 a.m until further orders.
sd/- 15/07/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) TO 1 THE JUDICIAL MAGISTRATE, RAJAPALAYAM.
2 DO THRO THE CHIEF JUDICIAL MAGISTRATE, VIRUDHUNAGAR AT SRIVILLIPUTHUR.
3 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI 4 THE INSPECTOR OF POLICE THALAVOIPURAM POLICE STATION, VIRUDHUNAGAR DISTRICT. 5 THE INSPECTOR OF POLICE, SEITHUR POLICE STATION, VIRUDHUNAGAR DISTRICT , 6 THE OFFICER INCHARGE, DISTRICT PRISON, VIRUDHUNAGAR DISTRICT.
+1. CC to M/S.R.MATHIYALAGAN Advocate SR.No. 38534. TS/ 15.07.2015/2P - 8C
ORDER
IN CRL OP(MD) No.13089 of 2015 Date :15/07/2015 https://hcservices.ecourts.gov.in/hcservices/