Aasha@Selvakumar v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Twenty First day of June Two Thousand Sixteen PRESENT The Hon`ble Ms.Justice V.M.VELUMANI CRL OP(MD) No.9773 of 2016 AASHA @ SELVAKUMAR ... PETITIONER/ACCUSED No.6 Vs THE STATE REP. BY THE INSPECTOR OF POLICE, TALLAKULAM POLICE STATION, MADURAI DISTRICT CR.NO.729 OF 2016 ... RESPONDENT/COMPLAINANT FOR PETITIONER : M/S N.RANJITH, ADVOCATE FOR RESPONDENT : MR.P.KANNITHEVAN, GOVERNMENT ADVOCATE ( CRL. SIDE) PETITION FOR BAIL Under Sec. 439 Cr.P.C.

ORDER : The Court Made the following order :- The petitioner, who is arrayed as accused No.6, in Crime No.729 of 2016 on the file of the respondent police, was arrested and remanded to judicial custody on 24.04.2016 for the alleged offences punishable under Sections 147,148,341 and 302 of IPC and hence, seeks bail.

2. The case of the prosecution is that due to previous enmity the deceased Manikanda Prabhu set fire on the bike of one Deepak Rajan. Due to that motive, the petitioner along with other accused persons waylaid the deceased and attacked him with knife and other deadly weapons and caused serious injuries and due to that he died. On complaint, a case has been registered against the petitioner for the above said offences.

3. The learned counsel appearing for the petitioner submitted that the petitioner is innocent and he has not committed any offence as alleged by the prosecution. He further submitted that there are 12 accused and the petitioner is A6 and there is no specific overtact attributed against the petitioner. Further, the petitioner is doing his II year BCA Course in Sourashtra College, Vilachery Main Road, Pasumalai Post, Madurai. When the petitioner was called for enquiry before the respondent Police, he was arrested and remanded to the judicial custody on 24.04.2016 and prayed for enlarging the petitioner on bail.

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4. The learned Government Advocate (Crl. Side) submitted that due to previous enmity the petitioner along with other accused restrained the deceased Manikanda Prabhu and attacked him and due to that he died and the investigation of the case is pending and the petitioner is having one previous case for the offence under Section 307 of IPC and opposed to enlarge the petitioner on bail.

5. Considering the fact that the petitioner is in judicial custody from 24.04.2016 and that the petitioner is studying in Sourashtra College, Vilachery Main Road, Pasumalai Post, Madurai, this Court is inclined to enlarge the petitioner on bail with certain conditions. Accordingly, the petitioner is ordered to be released on bail on his 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 No.II, Madurai and on further condition that the petitioner shall appear before the respondent Police daily at 6.00 pm until further orders. sd/- 21/06/2016 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO

1. THE JUDICIAL MAGISTRATE NO.II, MADURAI.

2. DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, MADURAI.

3. THE INSPECTOR OF POLICE, TALLAKULAM POLICE STATION MADURAI DISTRICT.

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

5. THE OFFICER IN-CHARGE, PASTAL SCHOOL, MELUR, MADURAI DISTRICT.

+1. CC to M/S N.RANJITH Advocate SR.No. 31554

ORDER

IN CRL OP(MD) No.9773 of 2016 Date :21/06/2016 TRP TE/GSV-PM/SAR-II : 21/06/2016 : 2P/7C https://hcservices.ecourts.gov.in/hcservices/