Madras High CourtCRL OP/6796/2016dismissed

Sathish Kumar @ Arumugham v. State Rep. By

2016-03-30Honourable Mr Justice K. Kalyanasundaram4 pages

Crl.O.P.No. 6 7 9 6 of 2 0 1 6 K. KALYANA S U NDARAM, J.

The petitioner, who is arrayed as A-3 in Crime No. 31 of 2016 on the file of the respondent police, was arrested and remanded to judicial custody on 27.01.2016 for the alleged offences punishable under Sections 302 and 120-B IPC and hence, seeks bail.

2. The case of the prosecution is that the first petitioner/A-1 had attempted to misbehave with the wife of the deceased, when this was questioned by him, all the accused conspired together to commit the murder of the deceased. On 20.01.2016, all the accused have consumed liquor and gone to the house of the deceased, while A-2 and A-3 were present in the scene of occurrence, A-1 attacked the deceased with knife and caused his death.

3. The learned counsel appearing for the petitioner submitted that the second accused has already been granted bail by this Court in Crl.O.P.No. 4614 of 2016 dated 14.03.2016 and the petitioner is an innocent person and

he has not committed any offence as alleged by the prosecution and he has been falsely roped in this case.

K. KALYANA S U NDARAM, J.

Vsg

4. The learned Government Advocate (Criminal side) appearing for the respondent would submit that totally there are three accused in this case and the petitioner was present in the scene of occurrence.

5. Considering the fact that similarly placed person viz., A-2 has already been granted bail, the petitioner is also on the same footing, 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 personal bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties each for a like sum to the satisfaction of the learned Judicial Magistrate No.1, Villupuram and on further condition that the petitioner shall report before the respondent police station daily at 10.00 a.m., until further orders.

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