Muthuvalivittan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Eighth day of June Two Thousand Fifteen PRESENT The Hon`ble Mr Justice K.KALYANASUNDARAM CRL OP(MD) No.10019 of 2015 1 MUTHUVALIVITTAN 2 VELU, ..PETITIONERS/ACCUSED 1 & 2 Vs.

STATE REP.BY THE INSPECTOR OF POLICE PERAIYUR POLICE STATION, RAMNAD DIST.

(CR.NO.22 OF 2015) ..RESPONDENT/COMPLAINANT For Petitioner : M/SA.UTHAYAKUMAR Advocate For Respondent : Mr.A.P.BALASUBRAMANI, Advocate (Crl.Side) PETITION FOR BAIL Under Sec. 439 Cr.P.C.

ORDER : The Court Made the following order :- The petitioners, who were remanded to judicial custody by the respondent police on 18.04.2015, 27.04.2015 respectively for the alleged offence under Sections 336 and 302 IPC in Crime No.22 of 2015 on the file of the respondent police, seek bail.

2.The case of the prosecution is that due to a dispute over cutting of Karuvelam trees, on 17.04.2015, the accused attacked the deceased with a stone found near the scene of occurrence.

3.The learned counsel for the petitioners submitted that there is a dispute exists between the defacto complainant and the accused and therefore, the petitioners have been falsely implicated in this case. The learned counsel further submitted that the petitioners are husband and wife and their son, who is arrayed as the third accused, was released by the Juvenile Justice board. It is further submitted that the petitioners are innocents and they are falsely implicated in this case.

4. The learned Government Advocate(Crl.side) appearing for the State submitted that on 17.04.2015. the accused attacked the deceased with stones and the complaint was given on 18.04.2015. He would further submit that major part of investigation is over.

5. Considering the facts and circumstances, I am inclined to enlarge the petitioners on bail on the following conditions. Accordingly, they are directed to be released on bail on each of them executing a 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, Kamuthi, Ramnad District, and on further condition that the petitioners shall appear before the respondent police daily at 10.00 a.m until further orders.

sd/- 08/06/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

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TO 1 THE JUDICIAL MAGISTRATE, KAMUTHI, RAMNAD DISTRICT. 2 -do-thro'THE CHIEF JUDICIAL MAGISTRATE, RAMNAD. 3 THE ADDL.PUBLIC PROSECUTOR,MADURAI BENCH OF MADRAS HIGH COURT,MADURAI. 4 THE INSPECTOR OF POLICE, PERAIYUR POLICE STATION, RAMNAD DIST. 5 THE OFFICER INCHARGE, DISTRICT PRISON, RAMNAD. 6 THE OFFICER INCHARGE, WOMEN PRISON, PRAMAKUDI, RAMNAD DISTRICT. +1. CC to M/SA.UTHAYAKUMAR Advocate SR.No.28592 ORDER IN CRL OP(MD) No.10019 of 2015 Date :08/06/2015 PBK/KBM 08/06/2015 ::2P-8C::

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