Ahamed Ali v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Twenty Fifth day of January Two Thousand Sixteen PRESENT The Hon`ble Ms.Justice V.M.VELUMANI CRL OP(MD) No.1156 of 2016 1 AHAMED ALI 2 AL AMIN ... PETITIONER(S) / ACCUSED 4 & 5 Vs THE STATE REP.BY THE INSPECTOR OF POLICE KENIKARAI POLICE STATION, RAMNAD.

(IN CRIME NO. 462/2015) ... RESPONDENT / COMPLAINANT For Petitioner : M/S.S.M.A.JINNAH Advocate For Respondent : Mr.A.P.Balasubramani, 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 A4 and A5 in Crime No.462 of 2015 on the file of the respondent police, were arrested and remanded to judicial custody on 30.10.2015 for the alleged offences punishable under Sections 147, 148 and 307 @ 302 of I.P.C., and hence, seek bail.

2. The case of the prosecution is that on 22.10.2015 the petitioners and other accused attacked the son of the de-facto complainant and his friend with wooden-log and the son of the de-facto complainant died and other person admitted in the hospital and on his complaint, the case has been registered for offences under Sections 147, 148 and 307 @ 302 of I.P.C.

3.The case of the petitioners is that the petitioners are innocent and they have not committed the offence as alleged by the prosecution. The deceased had number of cases at various places and due to enmity with many persons, he was murdered.

4. The learned Government Advocate (Crl.side) submitted that the investigation is almost over.

5.This Court on earlier occasion dismissed the petition filed by these petitioners along with three other accused on 05.01.2016 in Crl.O.P.(MD). No. 24958 of 2015 as far as these petitioners are concerned and other petitioners are enlarged on bail.

https://hcservices.ecourts.gov.in/hcservices/ 6.The learned counsel appearing for the petitioners submitted that the investigation is over and they are in judicial custody from 30.10.2015.

7.Considering the facts and circumstances of the case and also considering the fact that the investigation is almost over and the petitioners are in judicial custody from 30.10.2015, 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 for a like sum to the satisfaction of the learned Judicial Magistrate No.II, Ramnad and on further condition that the petitioners shall appear before the respondent police daily at 10.00 a.m., until further orders.

sd/- 25/01/2016 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE, NO.II, RAMANATHAPURAM. 2 DO THRO THE CHIEF JUDICIAL MAGISTRATE, RAMANATHAPURAM. 3 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

4 THE INSPECTOR OF POLICE, KENIKARAI POLICE STATION, RAMNAD. 5 THE OFFICER INCHARGE, DISTRICT PRISON, RAMANATHAPURAM. +1. CC to M/S.S.M.A.JINNAH Advocate SR.No.4409. TS/27.01.2016/2P-7C/GSV-PM/SAR II ORDER IN CRL OP(MD) No.1156 of 2016 Date :25/01/2016 https://hcservices.ecourts.gov.in/hcservices/