S.Shanmugam 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) Nos.11071 & 11072 of 2015 S.SHANMUGAM ... PETITIONER/2nd ACCUSED IN CRL OP(MD)NO.11071/2015 G.MANIKANDAN ... PETITIONER/1ST ACCUSED IN CRL OP(MD)NO.11072/2015 Vs STATE REP.BY THE INSPECTOR OF POLICE GANGAIKONDAN POLICE STATION, TIRUNELVELI DISTRICT.

(CRIME NO. 54 OF 2015) ... RESPONDENT/COMPLAINANT IN BOTH PETITIONS For Petitioners : M/S.G.THALAIMUTHARASU Advocate in both petitions For Respondent : MR.K.V.RAJARAJAN, Govt. Advocate ( Crl. Side) in both petitions PETITIONS FOR BAIL Under Sec. 439 Cr.P.C.

ORDER : The Court Made the following order :- The petitioners, who are arrayed as accused Nos.1 and 2 in Crime No.54 of 2015 on the file of the respondent police, were arrested on 08.04.2015 for the alleged offences punishable under Sections 147, 148, 341, 294(b) and 302 of I.P.C., and hence, seek bail.

2. The case of the prosecution is that the dog of the accused had bite the dog of the de-facto complainant and thereafter, in a wordy quarrel, the first accused attacked the deceased with aruval on the shoulder and face and the second accused attacked with aruval on the back side neck and body and caused his death.

3. The learned counsel for the petitioners submitted that the petitioners are innocent and they have been falsely implicated in this case and even as per the case of the prosecution. It is further submitted that the petitioners are in incarceration for more than 55 days.

4. The learned Government Advocate (Crl.side) submitted that in a dog bite, a quarrel arose between the accused party and the deceased https://hcservices.ecourts.gov.in/hcservices/ party, in which the accused had attacked the deceased with lethal weapons. The learned Government Advocate further submitted that as per

the de-facto complainant's statement, the first accused had attacked the deceased on his shoulder and face and that the second accused had attacked the deceased on his back side neck and body.

5. Considering the fact that the co-accused had already granted bail and the petitioners are in custody from 08.04.2015, this Court is inclined to grant bail to the petitioners with certain conditions. Accordingly, the petitioners are 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 No.III, Tirunelveli and on further condition that the petitioners shall appear before the respondent police daily at 10.00 a.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.III TIRUNELVELI.

2 DO-THRO'THE CHIEF JUDICIAL MAGISTRATE TIRUNELVELI.

3 THE SUPERINTENDENT, CENTRAL PRISON,PALAYAMKOTTAI.

4 THE INSPECTOR OF POLICE GANGAIKONDAN POLICE STATION, TIRUNELVELI DISTRICT. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+2 CCs to M/S.G.THALAIMUTHARASU Advocate SR.Nos.31915 & 31916

ORDER

IN CRL OP(MD) Nos.11071 & 11072 of 2015 Date :18/06/2015 PA/PPS/18.06.2015/2P/8C https://hcservices.ecourts.gov.in/hcservices/