Single judge order granting bail to accused Nos. 6 and 7 charged with murder and disembowelment, imposing conditions regarding bond, reporting, and non-tampering.
Petitioners released on bail subject to bond of Rs.10,000/-, weekly reporting, and conditions against tampering or absconding.
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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Twenty Sixth day of August Two Thousand Sixteen PRESENT The Hon`ble Dr.Justice S.VIMALA CRL OP(MD) No.15698 of 2016
1 RAJAPPAN ALIAS RAJA 2 MARIKANI ... PETITIONERS/ACCUSED NOS.6&7
STATE REPRESENTED BY THE INSPECTOR OF POLICE SATTUR TALUK POLICE STATION, SATTUR, VIRUDHUNAGAR DISTRICT (CRIME NO.148 OF 2016) ... RESPONDENT/COMPLAINANT
For Petitioner : M/S.A.THRUVADI KUMAR Advocate For Respondent : M/S.A.P.BALASUBRAMANI, Government 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.6 and 7, who were arrested and remanded to judicial custody on 02.08.2016 for the alleged offences punishable under Sections 302 & 201 IPC, in Crime No.148 of 2016, on the file of the respondent police and hence, seek bail.
2.The case of the prosecution is that the accused have indiscriminately assaulted the deceased with hands, kicked him with legs on his chest and neck and caused death and in order to screen the offence, the accused have thrown the body into the well. On complaint, a case has been registered for the above said offence.
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. The relatives of the deceased assaulted A1, for which he had lodged a complaint against them and pursuant to the coercion of the relatives of the deceased, the accused persons were taken into illegal custody and were roped in the present case. A1 was granted bail by this Court in Crl.O.P.(MD)No.13014 of 2016 on 08.08.2016 and A2 was granted bail by the learned Principal Sessions Judge, Virudhunagar District at Srivilliputhur in Cr.M.P.No.4374 of 2016 on 17.08.2016. The petitioners are in judicial custody from 02.08.2016.
4.The learned Government Advocate(Crl.side) submitted that the petitioners attacked the deceased with hands and legs and major part of the investigation is over and only the Chemical Analyst Report is awaited.
https://hcservices.ecourts.gov.in/hcservices/ 5.Considering the facts and circumstances of the case and also considering the fact that the petitioners are in judicial custody
from 02.08.2016 and also considering the fact that major part of the investigation is over, this Court is inclined to enlarge the petitioners on bail with certain conditions. Accordingly, the petitioners are ordered to be released on bail, subject to the following conditions:
(iv) the petitioners shall not abscond either during investigation or trial.
/ TRUE COPY /
Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO
MADURAI BENCH OF MADRAS HIGH COURT, MADURAI
1 issue framed by the court
Whether the petitioners accused in a murder case punishable under Sections 302 and 201 IPC are entitled to bail under Section 439 Cr.P.C.
Colour shows how this judgement treated each authority
P.K.Shaji vs. State of KeralaExplained¶17
P.K.Shaji vs. State of Kerala [(2005) AIR SCW 5560] · Who else cites this
1 provisions across 1 enactments
Rajappan Alias Raja
Marikani
State Represented by the Inspector of Police
S.VIMALA
As recorded by the court registry
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