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Madras High CourtCRL OP(MD)/10197/2015allowed

Pandi @ Pantha Pandi @ v. The Inspector Of Police

2015-06-09Honourable Mr Justice K. Kalyanasundaram2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Ninth day of June Two Thousand Fifteen PRESENT The Hon`ble Mr Justice K.KALYANASUNDARAM CRL OP(MD) No.10197 of 2015 1 PANDI @ PANTHA PANDI @ SENTHILPANDI 2 MUTHARASAN 3 BOSE ... PETITIONERS / ACCUSED NO.1 TO 3 Vs THE STATE REP.BY THE INSPECTOR OF POLICE SIVAKASI EAST POLICE STATION, VIRUDHUNAGAR DT, CRIME NO.129/2015 ... RESPONDENT/ COMPLAINANT For Petitioner : MR.KARUNANITHI ADVOCATE FOR M/S.K.J.ASSOCIATES Advocate For Respondent : MR.K.V.RAJARAJAN, Govt. Advocate ( Crl. Side) PETITION FOR BAIL Under Sec. 439 Cr.P.C.

ORDER : The Court Made the following order :- The petitioners, who are arrayed as accused Nos.1 to 3 in Crime No.129 of 2015 on the file of the respondent police, were surrendered before the Judicial Magistrate on 06.04.2015 for the alleged offences under Sections 341, 294(b), 307 and 506(ii) of I.P.C. altered into Sections 341, 294(b), 506(ii) and 302 of I.P.C., and hence, seek bail.

2. The prosecution case is that the accused and the deceased are neighbours and on 28.03.2015, the first accused had gone to the house of the deceased and insisted his wife to call him as an uncle and it entered into a wordy quarrel and thereafter, on 29.03.2015, the accused had attacked the deceased with knife and caused his death.

3. The learned counsel for the petitioners submitted that originally the case was registered under Sections 341, 294(b), 307, 506(ii) of I.P.C., and after the death of the deceased, the case was altered to 302 I.P.C., on 03.04.2015. The learned counsel for the petitioners further submitted that the petitioners are innocent and they have been falsely implicated in this case. https://hcservices.ecourts.gov.in/hcservices/

4. The learned Government Advocate (Crl.side) submitted that the petitioners have attacked the deceased with lethal weapons which lead to his death on 03.04.2015 and the major part of the investigation is over.

5. Considering the facts of this case and the period of incarceration, this Court is inclined to grant bail to the petitioners with certain conditions. Accordingly, the petitioners are ordered to be released on bail on their executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) each with two sureties each for a like sum to the satisfaction of the learned Judicial Magistrate, Sivakasi and on further condition that the petitioners shall stay at Trichy and appear before the Cantonment Police Station daily twice at 10.00 a.m. and 5.00 p.m. until further orders. sd/- 09/06/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1.THE JUDICIAL MAGISTRATE SIVAKASI.

2.DO THRO THE CHIEF JUDICIAL MAGISTRATE, VIRUDHUNAGAR AT SRIVILLIPUTHUR.

3.THE ADDL. PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI 4.THE INSPECTOR OF POLICE SIVAKASI EAST POLICE STATION, VIRUDHUNAGAR DISTRICT. 5.THE SUPERINTENDENT CENTRAL PRISON, MADURAI. 6.THE OFFICER INCHARGE THE CONTONMENT POLICE STATION, TRICHY.

+1. CC to M/S.K.J.ASSOCIATES Advocate SR.No.28761

ORDER

IN CRL OP(MD) No.10197 of 2015 Date :09/06/2015 rg.09.06.2015 2p.8c.

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