Ulagu @ Ulagu Raja v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Fifth day of December Two Thousand Seventeen PRESENT The Hon`ble Mr.Justice M.DHANDAPANI CRL OP(MD) No.15108 of 2017 ULAGU @ ULAGU RAJA ... PETITIONER/ ACCUSED NO.5 Vs STATE REP.BY THE INSPECTOR OF POLICE, KOVILPATTI EAST POLICE STATION, TUTICORIN DISTRICT.

IN CRIME NO.484/2017 ... RESPONDENT / COMPLAINANT For Petitioner : M/S.M.MARAN, Advocate For Respondent : M/S.K.ANBARASAN, Government Advocate(Crl.Side) PETITION FOR BAIL Under Sec. 439 Cr.P.C.

ORDER : The Court Made the following order :- The petitioner/Accused No.5, who was arrested and remanded to judicial custody on 07.09.2017 for the alleged offences punishable under Sections 294(b), 302 and 506(ii) of I.P.C., in Crime No.484 of 2017, on the file of the respondent police, seeks bail.

2. The case of the prosecution is that on 31.08.2017, since the defacto complainant was ill, her husband took her to hospital to take treatment, at that time, when they were near the Aavin Milk Shop, there was a power cut and the accused persons, using the situation assembled there and murdered the defacto complainant's husband. Based on the complaint, a case was registered against the accused persons for the above said offence. On investigation, it was found that due to previous enmity between the defacto complainant's family and the accused family, the accused persons murdered the defacto complainant's husband. Subsequently, the Law Enforcing Agency arrested the accused persons and remanded them to judicial custody.

3.The learned counsel appearing for the petitioner submitted that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution. Moreover, the petitioner has no specific overtact and he is no way connected with the crime and hence, he prays for bail. He further submitted that the petitioner has been falsely implicated in this case. 4.The learned Government Advocate (Criminal side) appearing for the State, on instructions, would submit that there were nine

accused involved in this crime and A1 to A3 were absconded and the remaining accused including the petitioner were arrested and remanded to judicial custody. A9 was released on bail by the Trial Court on 31.10.2017. Based on the confession statement of A1, the petitioner/A5 was implicated in this case.

5. Considering the facts and circumstances of the case and the stage of investigation and also considering the submission made by the learned Government Advocate (Criminal side), I am inclined to grant bail to the petitioner. Accordingly, the petitioner is ordered to be released on bail, subject to the following certain conditions; (i) the petitioner shall execute a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) with two sureties each for a like-sum to the satisfaction of the learned Judicial Magistrate No.I, Kovilpatti;

(ii)the petitioner shall report before the respondent police, morning and evening (morning between 10.00 a.m., to 11.00 a.m., and evening between 5.00 p.m to 5.30 p.m) until further orders;

(iii) the petitioner shall not tamper with evidence or witness either during investigation or trial;

(iv) the petitioner shall make himself available for interrogation including custodial interrogation as and when required by the investigation officer;

(v)the petitioner shall not commit any offence while on bail;

(vi) On breach of any of the aforesaid conditions, the learned Magistrate/trial Court is entitled to take appropriate action against the petitioner in accordance with law and the bail granted stands cancelled automatically.

sd/- 05/12/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO

1. THE JUDICIAL MAGISTRATE NO.I, KOVILPATTI, THOOTHUKUDI DISTRICT.

2. DO-THROUGH THE CHIEF JUDICIAL MAGISTRATE, THOOTHUKUDI.

3. THE OFFICER INCHARGE,SUB JAIL, PERURANI, THOOTHUKUDI DISTRICT.

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

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

+1. CC to M/S.M.MARAN Advocate SR.No.35609

ORDER

IN CRL OP(MD) No.15108 of 2017 Date :05/12/2017 MS/CM-VR/SAR.3/05.12.2017/3P.7C