Pandiaraj v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Eighteenth day of June Two Thousand Fifteen PRESENT The Hon`ble Mr Justice K.KALYANASUNDARAM CRL OP(MD) No.11023 of 2015 PANDIARAJ ... PETITIONER/SOLE ACCUSED Vs THE STATE REP.BY THE INSPECTOR OF POLICE ELUMALAI POLICE STATION, MADURAI DIST.

IN CR.NO. 35 OF 2015.

... RESPONDENT / COMPLAINANT For Petitioner : M/S.G.SUNDARAM 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 the sole accused in Crime No.35 of 2015 on the file of the respondent police was arrested and remanded to judicial custody on 07.04.2015 for the alleged offences punishable under Sections 307, 324 and 302 IPC and hence, seeks bail. 2.The case of the prosecution is that due to previous enmity on 07.04.2015, at about 8.00 a.m. the accused rammed his auto with that of the defacto complainant and caused death to one of the passengers and caused injury to two other persons.

3.The learned counsel for the petitioner would submit that the petitioner and the defacto complainant are the auto drivers and after the accident, there was a wordy quarrel between them and therefore, a false complaint has been given against this petitioner. It is further submitted that it is a motor vehicle accident and it has been shown as an offence under Section 302 IPC. He would also submit that the petitioner is in incarceration for more than 75 days and major part of the investigation is over.

4. The learned Government Advocate (crl. side) appearing for the respondent police submitted that the accused had intentionally dashed his auto with the defacto complainant's auto and caused the death of one of the passengers. He would further submit that 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. Accordingly, the petitioner is ordered to be released on https://hcservices.ecourts.gov.in/hcservices/

bail on his 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 No.II, Usilampatti and on further condition that the petitioner shall appear before the respondent police daily twice at 10.00 a.m., and 5.00 p.m. until further orders.

sd/- 18/06/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1.THE JUDICIAL MAGISTRATE NO.II,USILAMPATTI.

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

4.THE INSPECTOR OF POLICE ELUMALAI POLICE STATION, MADURAI DIST.

5.THE SUPERINTENDENT, CENTRAL PRISON, MADURAI. +1. CC to M/S.G.SUNDARAM Advocate SR.No.31782

ORDER

IN CRL OP(MD) No.11023 of 2015 Date :18/06/2015 rg.18.06.2015 2p.7c.

https://hcservices.ecourts.gov.in/hcservices/