CRL OP(MD)/18048/2017 of P.SRIRAM, Vs THE INSPECTOR OF POLICE, on 28 December 2017

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT( Criminal Jurisdiction )

Thursday, the Twenty Eighth day of December Two Thousand Seventeen PRESENT

The Hon`ble Mr Justice S.VAIDYANATHAN

CRL OP(MD) No.18048 of 2017

1 P.SRIRAM

2 S.VIVEKRAJA ... PETITIONERS / ACCUSED NOS.1 & 2

Vs

THE STATE REP.BY,THE INSPECTOR OF POLICE, K.PUDHUR POLICE STATION, MADURAI. (CRIME NO.1140 OF 2017) ... RESPONDENT / COMPLAINANT

For Petitioners : M/S.S.MALAIKANI Advocate For Respondent : MR.K.ANBARASAN Govt. Advocate ( Crl. Side)

PETITION FOR BAIL Under Sec. 439 Cr.P.C.

ORDER : The Court Made the following order :- The petitioners/A1 & A2, who were arrested and remanded tojudicial custody for the offences punishable under Section 302 IPCr/w 34 IPC in Crime No.1140 of 2017 on the file of the respondentpolice, seek bail.

2. The case of the prosecution is that the petitionersalong with other accused persons are said to have stabbed oneArivalagan and succumbed to death, which resulted in registration ofthe present case.

3. The learned counsel for the petitioners has submittedthat the petitioners are in judicial custody for more than 90 daysand therefore, they are entitled to bail. He has further submittedthat the 1st petitioner was a minor at the time of occurrence and acharge sheet has already been filed, which has also been taken onfile in S.C.No.518 of 2017 on the file of the learned IV AdditionalDistrict and Sessions Judge, Madurai.

4. The learned Government Advocate (Crl.Side) has stronglyobjected to the grant of bail, contending that if thepetitioners/accused are let out on bail, there is every possibilityof the accused tampering the witnesses.

https://hcservices.ecourts.gov.in/hcservices/

5. It is pertinent to mention here that as per the decisionof the Hon'ble Supreme Court in the case of Rajesh Ranjan Yadav @

Pappu Yadav vs. CBI, reported in 2007 (1) SCC 70, a long period ofincarceration is not a valid ground for grant of bail and it dependson the facts and circumstances of each case. Therefore, taking intoconsideration the serious nature of the allegations levelled againstthese petitioners, this Court is not inclined to grant the relief asprayed for by the petitioners.

6. In the result, this Criminal Original Petition standsdismissed accordingly.

sd/-

28/12/2017

/ TRUE COPY /

Sub-Assistant Registrar (C.S.)

Madurai Bench of Madras High Court,

Madurai - 625 023.

TO

1 THE INSPECTOR OF POLICE,

K.PUDHUR POLICE STATION, MADURAI.

2 THE SUPERINTENDENT,

CENTRAL PRISON, MADURAI.

3 THE ADDITIONAL PUBLIC PROSECUTOR,

MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.