Mahesh v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Seventeenth day of June Two Thousand Sixteen PRESENT The Hon`ble Ms.Justice V.M.VELUMANI CRL OP(MD) No.9555 of 2016 1 MAHESH 2 MANI @ SUTHAKAR 3 RAJAPANDI ... PETITIONER/ACCUSED No.2,4 AND 5 Vs STATE REP.BY THE INSPECTOR OF POLICE THIRUKURUNGUDI POLICE STATION, TIRUNELVELI DISTRICT.

(CRIME NO. 139/2015) ... RESPONDENT/COMPLAINANT For Petitioner : M/S D.SARAVANAN Advocate For Respondent : MR.K.ANBARASAN, 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.2,4 and 5, who were arrested and remanded to judicial custody on 31.12.2015 for the alleged offences punishable under Sections 302, 147, 148, 120(b), 109 and 34 I.P.C., in Crime No.139 of 2015, on the file of the respondent police and hence, seek bail.

2.The case of the prosecution is that due to communal dispute, on 21.12.2015, the petitioners along with other accused persons unlawfully assembled themselves with deadly weapons, conspired together to cause murder of the deceased and attacked him with knife and iron rod and caused death to him. On complaint, case has been registered for the above said offences.

3.The case of the petitioners is that the petitioners are innocent persons and they have not committed any offence as alleged by the prosecution and there is no eye-witness to the occurrence and the names of the petitioners are not found place in the FIR and only on the basis of the confession of the co-accused, the petitioners have been falsely implicated this case and the petitioners are in judicial custody from 31.12.2015.

4.The learned Government Advocate(Crl.side) submitted that there was a communal clash between two groups belonging to two religions and the group of the petitioners attacked the other group and caused death of the deceased.

5.Considering the facts and circumstances of the case and also considering the fact that the petitioners are in judicial custody from 31.12.2015 and also considering the fact that major part of the investigation is almost over by this time, this Court is inclined to https://hcservices.ecourts.gov.in/hcservices/

enlarge the petitioners on bail 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 each for a like sum to the satisfaction of the learned Judicial Magistrate, Valliyoor and on further condition that the petitioners shall stay at Thiruthani and appear the Inspector of Police, Thiruthani Police Station daily at 10.00 a.m. until further orders. sd/- 17/06/2016 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE VALLIYOOR.

2 DO-THRO'THE CHIEF JUDICIAL MAGISTRATE TIRUNELVELI DISTRICT.

3 THE INSPECTOR OF POLICE THIRUTHANI POLICE STATION,THIRUTHANI.

4 THE INSPECTOR OF POLICE THIRUKURUNGUDI POLICE STATION, TIRUNELVELI DISTRICT.

5 THE SUPERINTENDENT, CENTRAL PRISON,PALAYAMKOTTAI.

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

+1. CC to M/S D.SARAVANAN Advocate SR.No.31086

ORDER

IN CRL OP(MD) No.9555 of 2016 Date :17/06/2016 PA/AAL-MPA/SAR III/17.06.2016/2P/8C https://hcservices.ecourts.gov.in/hcservices/