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Madras High CourtCRL OP(MD)/13845/2015ordered

Aattu Mandaiyan @ Muthuraja v. The Inspector Of Police,

2015-07-22Honourable Mr Justice K. Kalyanasundaram2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Twenty Second day of July Two Thousand Fifteen PRESENT The Hon`ble Mr Justice K.KALYANASUNDARAM CRL OP(MD) No.13845 of 2015 AATTU MANDAIYAN @ MUTHURAJA ... PETITIONER(S) / ACCUSED No.5 Vs THE STATE REP.BY THE INSPECTOR OF POLICE, ARUPPUKKOTTAI TOWN POLICE STATION, VIRUDHUNAGAR DISTRICT, CRIME NO.442/2015 ... RESPONDENT / COMPLAINANT For Petitioner : M/S.EDDY EMBOSS LAW FIRM 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 A-5 in Crime No.442 of 2015 on the file of the respondent police, was arrested and remanded to judicial custody on 20.05.2015 for the alleged commission of offence under Sections 120(b), 294(b), 342, 506(ii), 302, 201 of I.P.C and hence seeks bail.

2. The case of the prosecution is that the deceased had borrowed Rs.10,000/- from the first accused, but failed to repay the amount. Due to which, quarrel arose between the accused and the deceased on 17.04.2015 and thereafter, the accused Nos.1 to 3 attacked the deceased with lethal weapons and caused his death. The accused Nos.4 and 5 have taken the vehicle from the scene of occurrence to screen the evidence in this case and they are also conspirators for the commission of offence.

3. The learned counsel for the petitioner submitted that the petitioner is an innocent person and he is studying at Government Industrial Training Institute, Virudhunagar and he is a friend of the first accused therefore, he has been falsely implicated in this case. 4.The learned Government Advocate(Crl. Side) submitted that after the occurrence, the accused Nos.4 and 5 have taken away the two wheelers used for the commission of offence.

5.Considering the overt act attributed against the petitioner, 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 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 https://hcservices.ecourts.gov.in/hcservices/

learned Judicial Magistrate, Aruppukkottai and on further condition that the petitioner shall appear before the respondent police daily at 6.00 p.m. until further orders.

sd/- 22/07/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) TO 1 THE JUDICIAL MAGISTRATE, ARUPPUKKOTTAI.

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, ARUPPUKKOTTAI TOWN POLICE STATION, VIRUDHUNAGAR DISTRICT. 5 THE OFFICER INCHARGE, NANGUNERI, JUVENILE JUSATICE BOARD, TIRUNELVELI DISTRICT.

+1. CC to M/S.EDDY EMBOSS LAW FIRM Advocate SR.No.40321. TS/22.07.2015/2P - 7C

ORDER

IN CRL OP(MD) No.13845 of 2015 Date :22/07/2015 https://hcservices.ecourts.gov.in/hcservices/