Raja v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the First day of September Two Thousand Sixteen PRESENT The Hon`ble Ms.Justice V.M.VELUMANI CRL OP(MD) No.16325 of 2016 1 RAJA 2 VINOTH @ VINOTHRAJA ... PETITIONERS/ACCUSED NO.2 & 4 Vs STATE REP.BY ITS, THE INSPECTOR OF POLICE KALLAKUDI POLICE STATION, TRICHY DISTRICT.
CRIME NO. 198/2016 ... RESPONDENT/COMPLAINANT For Petitioner : M/S.N.ANANDA KUMAR Advocate For Respondent : MR.P.KANNITHEVAN, Govt. Advocate ( Crl. Side) PETITION FOR BAIL Under Sec. 439 Cr.P.C.
ORDER : The Court Made the following order :- The petitioners are arrayed as accused Nos.2 to 4, who were arrested and remanded to judicial custody on 10.06.2016, 04.06.2016 and 02.06.2016 respectively, for the alleged offences punishable under Sections 294(b), 323 and 302 IPC, in Crime No.198 of 2016, on the file of the respondent police and hence, seek bail. 2.The case of the prosecution is that the deceased Elaiyaraja and the sister of the 1st accused, Arunkumar, fell in love and got married. They belonged to different caste. At that time of their marriage, A1 was in Singapore. After the 1st accused returned to India, on 30.05.2016, A1, the petitioners and the defacto complainant took the deceased Elaiyaraja in the car of the defacto complainant to the outskirt of the village.
They consumed liquor and at that time the petitioners/A2 to A4 caught hold of the hands and legs of the deceased and A1 attacked and murdered the deceased using stone. When the defacto complainant tried to prevent the petitioners and A1, he was also attacked by the petitioners and A1. On complaint, a case has been registered for the above said offences. 3.The case of the petitioners is that the petitioners are innocent and they have not committed any offence as alleged by the prosecution. After returning from abroad, A1 was staying in the village and the petitioners are his friends. Due to that their name have been falsely implicated in this case.
4.The learned Government Advocate (Crl.side) submitted that the sister of A1 and the deceased Elaiyaraja were in love and though they belonged to different caste, they got married. Due to that
reason, A1 and the petitioners murdered the deceased. It is a preplanned murder. A2 has involved in another murder case. A1 has been detained under Tamilnadu Act 14 of 1982. Investigation is pending. The earlier petition for bail filed by the petitioners in Crl.O.P (MD)No.14620 of 2016 was dismissed vide order dated 16.08.2016. If the petitioners are enlarged on bail, they will tamper the witnesses and hamper the investigation and prayed for dismissal of the petition.
5.Considering the facts and circumstances of the case and also considering the fact that the occurrence tookplace on 30.05.2016 and the petitioners are in judicial custody from 04.06.2016 and 02.06.2016 respectively, this Court is inclined to enlarge the petitioners on bail with certain conditions. Accordingly, the petitioners are ordered to be released on bail, subject to the following conditions:
(i) Each of the petitioners shall execute 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, Lalgudi.
(ii) the petitioners shall stay at Thanjavur and report before the Thanjavur Medical College Hospital Police Station, Thanjavur daily at 10.00 a.m. until further orders.
(iii) the petitioners shall not tamper with evidence or witness either during investigation or trial.
(iv) the petitioners shall not abscond either during investigation or trial.
(v) On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioners in accordance with law as if the conditions have been imposed and the petitioners released on bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560].
6.The Inspector of Police concerned is directed to send a compliance report to the office of the learned Government Advocate (Crl side), as to whether the petitioners are complying with the condition or not.
sd/- 01/09/2016 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1 THE JUDICIAL MAGISTRATE,LALGUDI.
2 THE CHIEF JUDICIAL MAGISTRATE, TRICHY DISTRICT. 3 THE INSPECTOR OF POLICE, KALLAKUDI POLICE STATION,TRICHY DISTRICT.
4 THE ADDITIONAL PUBLIC PROSECTUOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
5 THE SUPERINTENDENT , CENTRAL PRISON, TRICHY. +1. CC to M/S.N.ANANDA KUMAR Advocate SR.No.49249 SMN CSL/SS-3/SAR-III/01.09.2016: 3P/7C
ORDER
IN CRL OP(MD) No.16325 of 2016 Date :01/09/2016