Palanisamy v. State Rep By

Crl.O.P.No.6630 of 2016 K.KALYANASUNDARAM, J.

The petitioner, who is arrayed as A-1, was arrested and remanded to judicial custody on 07.02.2016 for the alleged offences punishable under Section 302 of IPC and subsequently altered into Sections 120[B], 147, 148, 341, 302 r/w 149 of IPC in Crime No.45 of 2016 on the file of the respondent police and hence, seeks bail.

2.The case of the prosecution is that the deceased is the son-in-law of the petitioner and he developed intimacy with one Mohana, which was objected by the petitioner and hence, he conspired with A-2, who is his sister's daughter to eliminate the deceased. Pursuant to the conspiracy, he engaged A-3 to 8 to commit murder and agreed to pay Rs.20,000/- each and on 07.02.2016, the petitioner along with A-3 to 8 attacked him and caused his death.

3.Learned counsel appearing for the petitioner would submit that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution. It is further submitted that the petitioner has been in judicial custody for more than 50 days and even as per the prosecution, the fatal injuries were caused by A-3 to A-8 and petitioner is one of the conspirator for commission of offence.

K.KALYANASUNDARAM, J.

sri 4.Per contra, learned Government Advocate [Criminal Side] appearing for the respondent opposed to grant bail to the petitioner stating that the petitioner is the father-in-law of the deceased and he engaged the other accused for commission of offence. It is further submitted that all the accused have been secured and they are in judicial custody and major part of the investigation is over.

5.Considering the facts and circumstances of the case, this Court is inclined to grant bail to the petitioner with certain conditions. 6.Accordingly, the petitioner is ordered to be released on bail on his executing a bond for Rs.10,000/- [Rupees Ten Thousand only] with two sureties each for a like sum, to the satisfaction of the learned Judicial Magistrate No.III, Erode and on further condition that the petitioner shall report before the respondent police daily at 10.00a.m. until further orders. 29.03.2016 sri Crl.O.P.No.6630 of 2016