Pana Velamurugan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Twenty First day of April Two Thousand Seventeen PRESENT The Hon`ble Dr.Justice G.JAYACHANDRAN CRL OP(MD) No.4438 of 2017 PANA VELAMURUGAN ... PETITIONER / ACCUSED Vs THE STATE REP BY THE INSPECTOR OF POLICE SOUTH POLICE STATION, TUTICORIN DISTRICT CRIME NO.70 OF 2017 ... RESPONDENT / COMPLAINANT For Petitioner : M/S.KA.RAAMAKRISHNAN Advocate For Respondent : M/R.K.V.RAJAJRAJAN, Govt. Advocate ( Crl. Side) PETITION FOR BAIL Under Sec. 439 Cr.P.C.

ORDER : The Court Made the following order :- The petitioner/accused who was arrested and remanded to judicial custody on 25.01.2017 for the offences under Sections 449, 452, 302, 506(ii) IPC and Section 4 of TNWH Act in Crime No.70 of 2017 on the file of the respondent/Police, seeks bail.

2.The prime contention of the petitioner is that there is no overtact even according to the prosecution, attributed against this petitioner and therefore, he is entitled for bail since similarly placed accused was granted bail by this Court on 23.02.2017. 3.Per contra, the learned Government Advocate (Criminal Side) submitted that this petitioner is the prime accused in this case who has kept watched outside of the house of the deceased person with specific instruction by the co-accused that if their target escape from other persons and come out of the house, he should kill him. With this instruction, the other accused have trespassed into the house of the victim and had killed the brother and husband of the de facto complainant.

4.Further, the learned Government Advocate (Criminal Side) submitted that this petitioner is having 8 previous cases of grave nature and therefore, releasing the petitioner on bail is not conducive for completion of investigation.

https://hcservices.ecourts.gov.in/hcservices/ 5.The petitioner who was arrested on 25.01.2017 is in jail for more than 80 days. Investigation is almost completed. Under such circumstances, this Court is inclined to grant bail to the petitioner

6.Accordingly, the petitioner is ordered to be released on bail, subject to the following conditions:- (i)The petitioner 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, Tuticorin. (ii)The petitioner shall stay at Villupuram and report before the Taluk Police Station daily at 10.30 a.m. until further orders. (iii)The petitioner shall not tamper with the evidence or witnesses either during investigation or trial. (iv)The petitioner shall not abscond either during investigation or trial.

sd/- 21/04/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE, TUTICORIN.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, TUTICORIN DISTRICT.

3 THE INSPECTOR OF POLICE SOUTH POLICE STATION, TUTICORIN DISTRICT 4 THE INSPECTOR OF POLICE, TALUK POLICE STATION, VILLUPURAM 5 THE SUPERINTENDENT, CENTRAL PRISON, PALAYAMKOTTAI.

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

+1. CC to M/S.KA.RAAMAKRISHNAN Advocate SR.No.20747 SVA/PM/PN/21.04.2017/SAR3/2P/8C

ORDER

IN CRL OP(MD) No.4438 of 2017 Date :21/04/2017 https://hcservices.ecourts.gov.in/hcservices/