Madras High CourtCRL OP(MD)/17799/2018ordered

Vikashraj v. The Sub Inspector Of Police

2018-10-09Honourable Mr Justice G.K. Ilanthiraiyan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Ninth day of October Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice G.K.ILANTHIRAIYAN CRL OP(MD) No.17799 of 2018 VIKASHRAJ ... PETITIONER / ACCUSED NO.5 Vs STATE REP. BY THE SUB INSPECTOR OF POLICE, RAJAPALAYAM NORTH POLICE STATION, VIRUDHUNAGAR DISTRICT.

(CR NO.403/2018) ... RESPONDENT / COMPLAINANT For Petitioner : MR.S.THIRUNAVUKARASU 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/A5, who was arrested and remanded to judicial custody since 30.07.2018 for the offences punishable under Sections 147, 148, 294(b), 341, 324, 506(ii) and 302 of I.P.C. in crime No.403 of 2018, on the file of the respondent police, seeks bail. 2.The case of the prosecution is that on 30.07.2018, the petitioner and others attacked the deceased with deadly weapons. The petitioner attacked the deceased with cricket stem and he is closely associated with the other accused persons. A1 had previous motive with the deceased, since the deceased killed his mother. Hence, the complaint.

3.The learned counsel appearing for the petitioner would submit that the petitioner is a college going student and he is also a meritorious student. Because of his friendship with A1, he was falsely implicated with other accused persons. Even as per the case of prosecution, the petitioner attacked the deceased with cricket stem, whereas, the first accused and others attacked with aruval and the deceased died only due to the injuries caused by A. 4.The learned Additional Public Prosecutor would submit that the petitioner is the close friend of A1 and A1 had previous enmity with the deceased. The deceased is an accused in a murder case, https://hcservices.ecourts.gov.in/hcservices/

murdering the mother of A1. As far as the petitioner is concerned, he attacked the deceased with cricket stem and he was arrested and remanded to judicial custody on 30.07.2018.

5.Considering the facts and circumstances of the case and also considering the fact that the petitioner is a student of polytechnic college and also meritorious student and considering the period of incarceration by the petitioner from 30.07.2018, this Court is inclined to enlarge the petitioner on bail with certain conditions. 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, Rajapalayam;

(ii) the petitioner shall appear before the Station House Office, Royapettah Police Station, Chennai daily at 10.30 a.m. until further orders.

sd/- 09/10/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE, RAJAPALAYAM.

2 -DO- THROUGH THE CHIEF JUDICIAL MAGISTRATE, VIRUDHUNAGAR AT SRIVILLIPUTHUR.

3 THE SUB INSPECTOR OF POLICE, RAJAPALAYAM NORTH POLICE STATION, VIRUDHUNAGAR DISTRICT.

4 THE OFFICER INCHARGE, STATION HOUSE OFFICE, ROYAPETTAH POLICE STATION, CHENNAI.

5 THE OFFICER INCHARGE, JUVENILE REFORMATORY BOARD, MELUR.

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

+1. CC to M/S.S.THIRUNAVUKARASU Advocate SR.No.19100

ORDER

IN CRL OP(MD) No.17799 of 2018 Date :09/10/2018 JM/PN/SAR 4/09.10.2018/2P/8C https://hcservices.ecourts.gov.in/hcservices/