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Madras High CourtCRL OP(MD)/15656/2015allowed

Vijayaragavan v. The Inspector Of Police

2015-08-13Honourable Mr Justice K. Kalyanasundaram2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Thirteenth day of August Two Thousand Fifteen PRESENT The Hon`ble Mr Justice K.KALYANASUNDARAM CRL OP(MD) No.15656 of 2015 VIJAYARAGAVAN ... PETITIONER / ACCUSED No.13 Vs THE STATE REP.BY THE INSPECTOR OF POLICE THIRUKKATUPALLI POLICE STATION, THANJAVUR DISTRICT.

CRIME NO. 188 / 2015 ... RESPONDENT / COMPLAINANT For Petitioner : M/S.JANA ALIAS B.JANATH AHMED Advocate For Respondent : M/S.S.Prabha Government 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 accused No.A13 in Crime No.188 of 2015 on the file of the respondent police, was arrested on 08.07.2015 for the alleged offences punishable under Sections 147, 148, 324 and 302 of I.P.C., and hence, seeks bail.

2. According to the prosecution, the deceased Panjabikesan and the first accused had previous enmity due to election dispute and both of them have nominated different candidates in the Panchayat Election and due to the dispute, on 26.06.2015, the accused have murdered the deceased.

3. The learned counsel for the petitioner submitted that the deceased is a history sheeted rowdy and so many criminal cases are filed against him and the overt act attributed against this petitioner is that he informed the presence of the deceased to the other accused in the place of occurrence. The learned counsel for the petitioner further submitted that all the prime accused have been arrested and major part of the investigation is also over.

4. The learned Government Advocate (Crl.side) submitted that the deceased is a rowdy element and he had dispute with the first accused due to the last Panchayat Election and he was brutally attacked by the accused while committing the offences. It is further submitted that the petitioner has been watching the movement of the deceased and informing the same to the other accused for committing the offences. https://hcservices.ecourts.gov.in/hcservices/

5. Considering the overt act attributed against the petitioner and 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 his 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 Magistrate, Thiruvaiyaru and on further condition that the petitioner shall reside at Tuticorin and report before the Sipcot Police Station daily twice at 10.00 a.m. and 5.00 p.m. until further orders. sd/- 13/08/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) TO 1 THE JUDICIAL MAGISTRATE, THIRUVAIYARU.

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 THIRUKKATUPALLI POLICE STATION, THANJAVUR DISTRICT. 5 THE OFFICER INCHARGE, SIPCOT POLICE STATION, TUTICORIN. 6 THE SUPERINTENDENT, CENTRAL PRISON, TRICHY. +1. CC to M/S.JANA ALIAS B.JANATH AHMED Advocate SR.No. 46035. TS/13.08.2015/2P - 8C KBM/SAR -II

ORDER

IN CRL OP(MD) No.15656 of 2015 Date :13/08/2015 https://hcservices.ecourts.gov.in/hcservices/