Manokaran v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Third day of July Two Thousand Fifteen PRESENT The Hon`ble Mr Justice K.KALYANASUNDARAM CRL OP(MD) No.11306 of 2015 MANOKARAN ... PETITIONER/ ACCUSED NO.1 Vs STATE REP.BY THE INSPECTOR OF POLICE ODAIPATTI POLICE STATION, THENI DISTRICT.

CR.NO. 59 OF 2015. ... RESPONDENT/COMPLAINANT For Petitioner : M/S.P.SAMUEL GUNASINGH 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 petitioner, who is arrayed as A1 in Crime No.59 of 2015 on the file of the respondent Police was arrested on 06.04.2015 for the offences punishable under Sections 341, 342 and 302 IPC, seeks bail. 2.The prosecution case is that due to sewage dispute, quarrel arose between the deceased and the accused on 05.04.2015 and in pursuance of the occurrence, on 06.04.2015, the accused waylaid the deceased and while the accused 2 and 3 caught hold of the deceased, the petitioner / A1 inflicted injury on the right hand of the deceased and later he succumbed to injuries.

3.The learned counsel for the petitioner would submit that the petitioner is an innocent person and he has been falsely implicated in this case. He further submitted that the petitioner is in judicial custody for 80 days and the other accused has already been released on bail.

4.The learned Government Advocate (Crl.side) appearing for the respondent Police submitted that the accused are brothers and due to previous enmity, they attacked the deceased and caused death. It is further submitted that the second accused had surrendered before the Judicial Magistrate Court only yesterday (02.07.2015). 5.Considering the period of incarceration and the nature of injuries sustained by the deceased, this Court is inclined to grant bail to the petitioner with certain conditions. 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 https://hcservices.ecourts.gov.in/hcservices/

each for a like sum to the satisfaction of the learned Judicial Magistrate, Uthamapalayam, and on further condition that the petitioner shall appear before the respondent police daily at 10.00 a.m., until further orders.

sd/- 03/07/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE, UTHAMAPALAYAM.

2 THE CHIEF JUDICIAL MAGISTRATE THENI.

3 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

4 THE INSPECTOR OF POLICE ODAIPATTI POLICE STATION, THENI DISTRICT.

5 THE SUPERINTENDENT, CENTRAL PRISON, MADURAI.

+1. CC to M/S.P.SAMUEL GUNASINGH Advocate SR.No.36071 Akm/03.07.15 /2p-7c/

ORDER

IN CRL OP(MD) No.11306 of 2015 Date :03/07/2015 https://hcservices.ecourts.gov.in/hcservices/