Iwin v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Seventeenth day of June Two Thousand Fifteen PRESENT The Hon`ble Mr Justice K.KALYANASUNDARAM CRL OP(MD) No.10604 of 2015 IWIN ... PETITIONER/ ACCUSED NO.6 Vs THE STATE REP.BY THE INSPECTOR OF POLICE ARALVAYEEMOZHI POLICE STATION, KANYAKUMARI DIST.

(CRIME NO. 155/2015) ... RESPONDENT / COMPLAINANT For Petitioner : M/S.S.SATHYA CHIDAMBARAM Advocate For Respondent : Mr.K.V.RAJARAJAN, Government Advocate(crl.side) PETITION FOR BAIL Under Sec. 439 Cr.P.C.

ORDER : The Court Made the following order :- The petitioner, who is arrayed as A6 in Crime No.155 of 2015 on the file of the respondent police, was arrested and remanded to judicial custody on 06.05.2015 for the alleged offences punishable under Sections 147, 148, 149, 341, 294(b), 323, 307 and 302 of I.P.C., and hence, seeks bail.

2.The case of the prosecution is that on 30.04.2015, a dispute arose between the accused and one Kolappan with regard to erecting a banner, A1 was assaulted by the said Kolappan and due to the above dispute, on 02.05.2015 the accused attacked the son of the de-facto complainant and he succumbed to the injuries. 3.The learned counsel for the petitioner submitted that the father of the deceased is the de-facto complainant and he stated in the complaint that A1 and A2 have attacked the deceased and there is no overt act attributed against this petitioner. He further submitted that since the petitioner is a close friend of the first accused, he has been falsely implicated in this case and that the petitioner is an innocent person and he has not committed any offence as alleged by the respondent.

3.The learned Government Advocate (Crl.side) opposed the bail petition stating that the dispute in a temple festival, the accused attacked the deceased with lethal weapons. He further submitted that the investigation is at initial stage.

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4.However, considering the overt act attributed against this petitioner, this Court is inclined to grant bail to the petitioner. Accordingly, the petitioner is ordered to be released on bail on 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, Bhoothapandi, Kanyakumari District and on further condition that the petitioner shall appear before the respondent police daily at 10.00 a.m until further orders. sd/- 17/06/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1.THE JUDICIAL MAGISTRATE, BHOOTHAPANDI, KANYAKUMARI DISTRICT.

2.DO THRO THE CHIEF JUDICIAL MAGISTRATE, KANYAKUMARI DISTRICT 3.THE ADDL. PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

4.THE INSPECTOR OF POLICE ARALVAYEEMOZHI POLICE STATION, KANYAKUMARI DIST. 5.THE OFFICER INCHARGE, BOSTER SCHOOL, NANGANERI, KANYAKUMARI DISTRICT. +1. CC to M/S.S.SATHYA CHIDAMBARAM Advocate SR.No.31482

ORDER

IN CRL OP(MD) No.10604 of 2015 Date :17/06/2015 rg.17.06.2015 2p.7c.

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