Antony Raj v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Twenty First day of August Two Thousand Fifteen PRESENT The Hon`ble Mr Justice K.KALYANASUNDARAM CRL OP(MD) No.16192 of 2015 1 ANTONY RAJ 2 SUNDARAJ 3 MUTHUKUMAR ..PETITIONERS/ACCUSED 4 to 6 Vs.

STATE REP.BY THE INSPECTOR OF POLICE KOVILPATTI EAST POLICE STATION, THOOTHUKUDI DISTRICT.

CR.NO.496/2015 ... RESPONDENT/COMPLAINANT For Petitioners : M/S.G.THALAIMUTHARASU Advocate For Respondent : MRS.S.PRABHA, 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 A4 to A6 in Crime No.496 of 2015 on the file of the respondent police, were arrested and remanded to judicial custody on 23.06.2015 for the alleged offences punishable under Sections 147,148,448,294(b),307,506(ii)and 302 of IPC altered into Sections 120(b),147,148,294(b),302 and 307 of IPC, and hence, seek bail.

2. According to the prosecution, the deceased Ramakrishnan, married the sister of A1, despite objection and therefore, on 22.06.2015 at 8.00 pm, the accused waylaid the deceased and his brother Chandrasekaran and attacked them with lethal weapons and caused death.

3.The learned counsel for the petitioners submitted that the petitioners are an innocent and they have been falsely implicated in this case and even as per the prosecution, the petitioners have attacked only on non-vital part of the deceased and the fatal injuries are caused by A1 and A3. It is further submitted that they are in incarceration for more than 60 days.

4. The learned Government Advocate (Crl. Side) vehemently opposed granting of bail to the petitioners contending that the petitioners 1 and 2 / A4 and A5 were already having one previous case and if they released on bail they will tamper the witnesses. https://hcservices.ecourts.gov.in/hcservices/ 5.Considering the overtact attributed against the petitioners and also considering the fact that the petitioners are in incarceration for more than 60 days, this Court is inclined to grant

bail to the petitioners with certain conditions. Accordingly, the petitioners are ordered 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 Magistrate-I, Kovilpatti, Thoothukudi District, and on further condition that the petitioners shall stay at Vellore report before the South Police Station, Commission Bazaar, Vellore, daily twice at 10.00 am and 6.00 pm until further orders. sd/- 21/08/2015 / TRUE COPY / Sub-Assistant Registrar TO 1 THE JUDICIAL MAGISTRATE NO.I KOVILPATTI, THOOTHUKUDI.

2 -DO- THRO' THE CHIEF JUDICIAL MAGISTRATE THOOTHUKUDI.

3 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

4 THE INSPECTOR OF POLICE KOVILPATTI EAST POLICE STATION, THOOTHUKUDI DISTRICT.

5 THE SUPERINTENDENT, CENTRAL PRISON, PALAYAMKOTTAI.

6 THE OFFICER-IN-CHARGE, BORSTAL SCHOOL, NANGUNERI.

7 THE INSPECTOR OF POLICE, SOUTH POLICE STATION, COMMISSION BAZAAR, VELLORE.

+1. CC to M/S.G.THALAIMUTHARASU Advocate SR.No.48432 Akm/21.08.2015 /2p-9c/

ORDER

IN CRL OP(MD) No.16192 of 2015 Date :21/08/2015 https://hcservices.ecourts.gov.in/hcservices/