Edward Raja v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Eighth day of October Two Thousand Fifteen PRESENT The Hon`ble Mr Justice K.KALYANASUNDARAM CRL OP(MD) No.19086 of 2015 1 EDWARD RAJA 2 VAIKUNDARAMAN @ RAJENDRAN ..PETITIONERS/ACCUSED 1 & 2 Vs.

STATE REP.BY THE INSPECTOR OF POLICE TIRUCHENDUR TALUK POLICE STATION, TIRUCHENDUR, THOOTHUKUDI DISTRICT.

(CRIME NO. 376 OF 2015) ..RESPONDENT/COMPLAINANT For Petitioner : M/S R.JOHNSATHYAN 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 petitioners/Accused Nos.1 & 2, who were arrested and remanded to judicial custody on 24.08.2015 for the alleged offences punishable under Sections 302 IPC altered into 120(b), 450 and 302 of IPC, in Crime No.376 of 2015 on the file of the respondent police and hence, seek bail. 2.According to the defacto complainant, the Village Administrative Officer, on 21.08.2015 at 8.30 p.m., has received an information that the deceased Saraswathi was succumbed to death near her house and on enquiry he came to know that the deceased was having enmity with sons of one Peramuthu Nadar and after the occurrence, the house was found locked. 3.The learned counsel for the petitioners submitted that the petitioners are innocent persons and they have been falsely roped in this case only on suspicion. It is further submitted that the accused Nos.1 and 2 are permanent resident of Uthukottai in Thiruvallur Taluk and they have been doing business there. It is further submitted that the major part of the investigation was over.

4.The learned Government Advocate (Crl.side) objected for granting of bail to the petitioners contending that both the deceased and the accused are relatives and there was a dispute over usage of pathway leading to Ayya Kovil and due to pathway dispute, the deceased was committed murder. It is further submitted that as per the confession of the accused just before the occurrence, the deceased have made adverse comments against the accused which lead to the commission of the offence. 5.Considering the overt act attributed against the petitioners, 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, Tiruchendur and on https://hcservices.ecourts.gov.in/hcservices/

further condition that the petitioners shall appear before the respondent police daily at 10.00 a.m., until further orders. sd/- 08/10/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) TO 1 THE JUDICIAL MAGISTRATE, THIRUCHENDUR, THOOTHUKUDI DISTRICT. 2 -DO-THRO'THE CHIEF JUDICIAL MAGISTRATE, THOOTHUKUDI. 3 THE ADDL.PUBLIC PROSECUTOR,MADURAI BENCH OF MADRAS HIGH COURT,MADURAI. 4 THE INSPECTOR OF POLICE, TIRUCHENDUR TALUK POLICE STATION, TIRUCHENDUR, THOOTHUKUDI DISTRICT.

5 THE SUPERINTENDENT, CENTRAL PRISON, PALAYAMKOTTAI, TIRUNELVELI DISTRICT.

+1. CC to M/S R.JOHNSATHYAN Advocate SR.No.59393 ORDER IN CRL OP(MD) No.19086 of 2015 Date :08/10/2015 PBK/KBM/SAR-II 08/10/2015 ::2P-7C::

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