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2005 (10) TMI 595

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....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.....

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.... The Order passed by the High Court was challenged before 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 h....

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.... was denied by the Government Advocate, the learned 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....