Ranjith@Ranjith Kanna v. The Sub Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Twenty Ninth day of October Two Thousand Fifteen PRESENT The Hon`ble Mr Justice K.KALYANASUNDARAM CRL OP(MD) No.20747 of 2015 1 RANJITH @ RANJITH KANNA 2 ELANGOVAN ... PETITIONER / ACCUSED RANK NOT KNOWN Vs THE STATE REP.BY THE SUB INSPECTOR OF POLICE VELLANUR POLICE STATION, PUDUKOTTAI DISTRICT.
CRIME NO. 24 OF 2015 ... RESPONDENT / COMPLAINANT For Petitioner : M/S M.RAMU 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, who are arrayed as accused, in Crime No.24 of 2015 on the file of the respondent police, were arrested and remanded to judicial custody on 26.09.2015, for the alleged offences punishable under Sections 147, 148, 307 and 302 of I.P.C., and hence, seek bail. 2.According to the de-facto complainant, his son Manikanda Prabhu was doing finance at Pudukottai and he lend Rs.5,000/- to one Sathiya, the accused claiming to her paramour questioned the deceased for lending the amount without his consent. Due to that dispute, on 23.09.2015 at 10 p.m., the accused Nos.1 to 6 had gone to the house of the deceased with an intention to eliminate him. Since it could not succeed on 24.09.2015, when the deceased was proceeding in his two wheeler bearing Registration No.TN 55AK 8952, the accused Nos.1 to 6 followed him waylaid and attacked him with lethal weapons and caused his death.
3.The learned counsel for the petitioners submitted that the petitioners name are not mentioned in the FIR and they have been implicated based on the confession of the first accused. It is further submitted that one Muthukumar is an injured in this case and he has not stated about the presence of the petitioners in the scene of occurrence and it is further contended that the respondent police has registered a case against these petitioners under Sections 307 of I.P.C., since then, they are implicated in criminal cases.
https://hcservices.ecourts.gov.in/hcservices/ 4.The learned Government Advocate (Crl.side) vehemently opposed the bail petition contending that the petitioners have bad antecedents and
they are involved in many criminal cases in Pudukottai District and the first petitioner was detained earlier under Act 14 of 1982. The learned Government Advocate further submitted that though the petitioners names are not mentioned in the FIR, the investigation revealed involvement of the accused in the case and it is further submitted that the accused are hirelings.
5.However, considering the facts and circumstances of the case and also considering the fact the the injured, who is the eye witness, has not stated about the involvement of the petitioners in this case, 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, Pudukottai and on further condition that the petitioners shall reside at Vilupuram and report before the Vilupuram Police Station daily twice a day at 10.00 a.m, and 05.00 p.m., for a period of sixty days and thereafter, the petitioners shall appear before the respondent police daily at 10.00 a.m., until further orders. sd/- 29/10/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) TO 1 THE JUDICIAL MAGISTRATE, PUDUKOTTAI.
2 DO THRO THE CHIEF JUDICIAL MAGISTRATE, PUDUKOTTAI. 3 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI 4 THE SUB INSPECTOR OF POLICE, VELLANUR POLICE STATION, PUDUKOTTAI DISTRICT.
5 THE SUPERINTENDENT, CENTRAL PRISON, TRICHY. 6 THE OFFICER INCHARGE, VILUPURAM POLICE STATION, VILUPURAM. +1. CC to M/S M.RAMU Advocate SR.No.63364.
TS/29.10.2015/2P-8C / NGM-SS/SAR - II
ORDER
IN CRL OP(MD) No.20747 of 2015 Date :29/10/2015 https://hcservices.ecourts.gov.in/hcservices/