Vasanth v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Twenty Ninth day of August Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice G.K.ILANTHIRAIYAN CRL OP(MD) No.14753 of 2018 VASANTH ... PETITIONER/ 4 TH ACCUSED Vs THE STATE REPRESENTED BY THE INSPECTOR OF POLICE THOTTIYAM POLICE STATION, TRICHY DISTRICT Crime No.180 of 2018 ... RESPONDENT / COMPLAINANT For Petitioner : Mr.G.THALAIMUTHARASU Advocate For Respondent : Mr.V.NEELAKANDAN Additional Public Prosecutor PETITION FOR BAIL Under Sec. 439 Cr.P.C.

ORDER : The Court Made the following order :- The petitioner is in judicial custody since 07.07.2018 for the offences punishable under Sections 302 and 201 of IPC in Crime No.180 of 2018 on the file of the respondent police. He seeks bail. 2.Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor for the respondent. 3.The case of the prosecution is that on 04.07.2018, due to Pongal festival dispute between the accused persons and the deceased, the accused persons have murdered the deceased. The petitioner herein is arraigned as A4. On the confession of first accused, the petitioner was arrested and remanded to judicial custody on 07.07.2018. As per the confession statement of A1, the act of the petitioner is that, he caught hold of the legs of the deceased and others were stabbed the deceased with knife. Hence the complaint.

4.The learned counsel for the petitioner would submit that the petitioner is a MBA student and never involved in this crime. Only on the basis of the confession of A1, the petitioner was implicated as A4 and he is nothing to do with the alleged occurrence. Even as per his own confession, due to the dispute at the time of pongal festival, the petitioner and others have planned to kill the deceased, in which, at the time of occurrence he just caught hold the legs of the deceased and the other accused persons stabbed the deceased. He is also incarcerated from 07.07.2018. https://hcservices.ecourts.gov.in/hcservices/

5.Considering the above facts and circumstances and also considering the period of incarceration of the petitioner, this Court is inclined to grant bail to the petitioner. 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, Musiri.

(ii)the petitioner shall appear before the respondent police daily at 10.30 a.m., until further orders.

sd/- 29/08/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1.THE JUDICIAL MAGISTRATE, MUSIRI.

2.THE CHIEF JUDICIAL MAGISTRATE.

TRICHY DISTRICT.

3.THE INSPECTOR OF POLICE THOTTIYAM POLICE STATION, TRICHY DISTRICT.

4.THE SUPERINTENDENT CENTRAL PRISON, TRICHY.

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

+1. CC to Mr.G.THALAIMUTHARASU Advocate SR.No.16421

ORDER

IN CRL OP(MD) No.14753 of 2018 Date :29/08/2018 TK/PN/SAR.1/29.08.2018/2P-7C https://hcservices.ecourts.gov.in/hcservices/