TMI Blog2005 (10) TMI 595X X X X Extracts X X X X X X X X Extracts X X X X ..... r of the Government of Tamil Nadu, had gone for a morning walk along with one Ponraj on 31.12.2004. At about 7.15 a.m. while Aladi Aruna, Ponraj and one Socraties were walking through Pashupati Road, accused A3 accompanied by A2 and A4 intercepted Aladi Aruna and A3 attempted to shoot him with his country-made revolver but the revolver did not work whereupon A2 inflicted injuries on Aladi Aruna with Aruval (sickle) on the back of his head and when his friend Ponraj tried to save him, he was also attacked by A4 who inflicted injuries on his neck and head. Socraties also tried to save them, but A2, A3 and A4 turned against him and he could manage to escape from the scene of occurrence. A1, who was also present at the place of occurrence, warn ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ore this Court in S.L.P. (Crl.) No. 998 of 2005. Later on, the respondent withdrew that SLP and moved the High Court by filing Criminal O.P. No. 2439 of 2005. The High Court dismissed that application on 4.3.2005. Again, he moved the High Court by filing O.P. No. 2862 of 2005, but withdrew that application on 21.3.2005. On 1.4.2005 again, he moved another application for bail by filing Criminal O.P. No. 3242/2005, which was dismissed by the learned Single Judge by an elaborate order. Learned Single Judge made certain observations in that order. It was observed that : While there is a confession statement recorded from one of the accused, the recovery of the part of the amount, which has been received by the hirelings from A-10, is also ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... earned Judge relied on the statement made by the petitioner's Counsel and granted bail to the respondent.herein. In fact, there was no retracted confession as alleged by the present respondent before the learned Magistrate. It is true that one of the accused who had implicated the present respondent made an attempt to retract the confession. There was no confession recorded by the Magistrate under Section 164 of the Cr. P.C. and it seems that one of the accused had given some statement to the police during the course of the investigation. We are told that that witness had filed an application before the court that his statement should again be recorded by the police. We fail to understand why that accused is anxious to retract the state ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... there being any change of circumstances would lead to bad precedents. There are strong allegations against the respondent but we do not propose to advert to any of the evidence collected against him. Though the respondent's name was not mentioned in the FIR, it is alleged that he is one of the conspirators and he had a motive to do away with one of the deceased persons. In the above circumstances, we allow this appeal, set aside the order passed by learned Single Judge and direct that respondent be taken into custody forthwith. We further direct that as the final report has already been filed in the case, and if the case already stands committed to the Sessions Court, the Sessions Judge may complete the trial as expeditiously as ..... X X X X Extracts X X X X X X X X Extracts X X X X
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