Kaviyarasan @ Maheshpoopathi v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Sixth day of September Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice G.K.ILANTHIRAIYAN CRL OP(MD) No.16017 of 2018 KAVIYARASAN @ MAHESHPOOPATHI ... PETITIONER / ACCUSED NO.7 Vs STATE REP.BY THE INSPECTOR OF POLICE, KEERATHURAI POLICE STATION, MADURAI DISTRICT.

CRIME NO.420/2018 ... RESPONDENT / COMPLAINANT For Petitioner : Mr.R.ALAGUMANI, 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 25.06.2018 for the offences punishable under Sections 147, 148, 452, 294(b), 302 and 506(ii) I.P.C .in Crime No.420 of 2018 on the file of the respondent police. He seeks bail.

2.The case of the prosecution is that on 12.06.2018 at about 9.45 p.m , due to political motive, the petitioner herein and other accused persons had attacked the deceased by knife and caused cut injuries to the deceased. Thereafter, the deceased was died. Hence, the case has been registered.

3.The learned counsel appearing for the petitioner would submit that the petitioner is an innocent and he is studying second year B.Sc.in Madurai Kamaraj University College, Madurai. He did not commit any offence as alleged by the prosecution and the petitioner name was not found in the first information report. He is incarceration from 25.06.2018 onwards. Hence, he prays for bail to the petitioner.

4.The learned Additional Public Prosecutor appearing for the respondent would submit that totally there are 10 accused in this case, in which 7 named accused and 3 unnamed accused. The petitioner herein is arraigned as Accused No.7. Based on the confession statement of Accused No.1, this petitioner has been implicated. There is no previous case is pending against the petitioner. He further submitted that the investigation is pending. 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 No.IV, Madurai.

(ii)the petitioner shall report before the respondent police daily at 10.30 a.m until further orders. sd/- 06/09/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO

1. THE JUDICIAL MAGISTRATE NO.IV, MADURAI.

2. DO-THROUGH THE CHIEF JUDICIAL MAGISTRATE, MADURAI DISTRICT.

3. THE SUPERINTENDENT,CENTRAL PRISON, MADURAI.

4. THE INSPECTOR OF POLICE, KEERATHURAI POLICE STATION, MADURAI DISTRICT.

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

+1. CC to Mr.R.ALAGUMANI Advocate SR.No.17073

ORDER

IN CRL OP(MD) No.16017 of 2018 Date :06/09/2018 MS/VR-MMS/SAR-1/06.09.2018/2P.7C https://hcservices.ecourts.gov.in/hcservices/