T.Prabhudeva v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Second day of June Two Thousand Fifteen PRESENT THE HON'BLE MR.JUSTICE K.KALYANASUNDARAM CRL OP(MD) No.9484 of 2015 1 T.PRABHUDEVA 2 T.MANIKANDAN ..PETITIONERS/ACCUSED 5 & 6 Vs.

STATE REP.BY THE INSPECTOR OF POLICE SILAIMAN POLICE STATION, MADURAI DISTRICT.

CR.NO.63/2015.

..RESPONDENT/COMPLAINANT For Petitioner : M/S.P.VIJAYARAJA Advocate For Respondent : Mr.K.V.RAJARAJAN, Government Advocate (Criminal Side) PETITION FOR BAIL Under Sec. 439 Cr.P.C.

ORDER : The Court Made the following order :- The petitioners, who are arrayed as A-5 & A-6 in Crime No.63 of 2015 on the file of the respondent police were arrested and remanded to the judicial custody by the respondent police on 03.03.2015 and 10.03.2015 for the alleged offences under Sections 147, 148, 120(b), 294(b), 324, 307, 506(ii) @ 302 of I.P.C and hence seeks bail.

2. The case of the prosecution is that the deceased was elected as President of the Panchayat while the 11th accused was defeated and due to election dispute, the accused Nos.11 and 12 have conspired to eliminate the deceased. So, on 26.02.2015, the accused Nos.1 to 10 have attacked the deceased with lethal weapons and caused his death. 3.The learned counsel for the petitioners submitted that the petitioners are innocent and they have been falsely implicated in this case. It is further submitted that similarly placed accused No.2 was released on bail by this Court in Crl.O.P(MD)No.9140 of 2015 vide order, dated 13.05.2015.

4. Per contra, the learned Government Advocate(Crl. Side) on instructions submitted that the accused Nos.1 to 10 have indiscriminately attacked the deceased with lethal weapons and therefore, they are not entitled for bail. He further submitted that major part of the investigation is over and they are waiting for Chemical Annalist report to lay a charge sheet in this case.

5. Considering the stage of the case and also considering the fact that A-2 was granted bail by this Court, I am inclined to enlarge the petitioners on bail on the following conditions. Accordingly, the petitioners are directed to be released on bail on executing a separate 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 No.II, Madurai, and on further condition that the petitioners shall appear before the respondent police daily twice i.e., at 10.00 a.m and 5.00 p.m until further orders. sd/- 02/06/2015 / TRUE COPY / https://hcservices.ecourts.gov.in/hcservices/ Sub-Assistant Registrar (C.S.)

TO 1 THE JUDICIAL MAGISTRATE NO.II, MADURAI.

2 -DO-THRO'THE CHIEF JUDICIAL MAGISTRATE, MADURAI. 3 THE ADDL.PUBLIC PROSECUTOR,MADURAI BENCH OF MADRAS HIGH COURT,MADURAI. 4 THE INSPECTOR OF POLICE, SILAIMAN POLICE STATION, MADURAI DIST. 5 THE OFFICER INCHARGE, SUB JAIL, ARIYALUR. +1. CC to M/S.P.VIJAYARAJA Advocate SR.No.26674 ORDER IN CRL OP(MD) No.9484 of 2015 Date :02/06/2015 PBK/PPS 02/06/2015 ::2P-7C:

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