STATE OF TAMIL NADU Vs. S A RAJA

JUDGEMENT

(1.) Leave granted.

(2.) An order passed by the learned single Judge of the High Court of Madras at Madurai granting bail to the respondent herein is challenged before us. The respondent is one of the accused in a criminal case charged by the Inspector of Alangulam Police Station in Tirunelveli District. The charges are under Sections 147, 148, 120B, 341, 302, 207, 212 and 109 IPC read with Section 25(1) of the Arms Act.

(3.) The brief case of the prosecution is that one Aladi Aruna, an ex- Minister 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, warned A2, A3 and A4 since he sensed that somebody was coming and all of them ran away from the place of incident. Aladi Aruna and Ponraj died at the spot. Accused persons fled the place on a motorbike.