M.Baskaran v. The Sub Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Sixth day of July Two Thousand Fifteen PRESENT The Hon`ble Mr Justice K.KALYANASUNDARAM CRL OP(MD) No.11488 of 2015 M.BASKARAN ... PETITIONER/ ACCUSED No.4 Vs THE STATE REP.BY THE SUB INSPECTOR OF POLICE APPAYANAICKENPATTI POST, VIRUDHUNAGAR DIST, (CR.NO. 135/2015) ... RESPONDENT / COMPLAINANT For Petitioner : M/S.K.SURESH Advocate For Respondent : M/S.S.Prabha 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 A4 in Crime No.135 of 2015 on the file of the respondent police, was arrested and remanded to judicial custody on 04.06.2015 for the alleged offences punishable under Sections 147, 148, 399, 402 and 120(b) of I.P.C., r/w Section 5 and 25(i)(a) of Arms Act 1959 and hence, seeks bail.

2.The case of the prosecution is that due to previous enmity between one Kozhi Baskaran and Perumal of Salem, the accused in order to take vengeance preparing to eliminate him and on 04.06.2015, the respondent police on vehicle check up found the accused travelling in a car with deadly weapons like sickle, crowbar and iron rods etc. 3.The learned counsel for the petitioner submitted that the petitioner is an innocent person and he has been falsely implicated in this case. He further submitted that the petitioner was acting as a driver and he has no knowledge of the connection between the other accused and he is incarceration for more than 35 days.

4.The learned Government Advocate (Crl.side) would submit that the petitioner, who was working as a driver, had pick up the other accused to eliminate one Kozhi Baskaran and Perumal and the accused Nos.1 to 3 have so many previous cases and the present petitioner/A4 has no bad antecedent.

5.Considering the facts and circumstances of the case and also considering the fact that the petitioner was a driver and he has no bad antecedent, this Court is inclined to enlarge the petitioner on bail on the following conditions.

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6.Accordingly, the petitioner is directed 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.I, Sattur and on further condition that the petitioner shall report before the respondent police daily twice ie., at 10.00 a.m., and 05.00 p.m., until further orders. sd/- 06/07/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) TO 1 THE JUDICIAL MAGISTRATE, NO.I, SATTUR.

2 DO THRO THE CHIEF JUDICIAL MAGISTRATE, VIRUDHUNAGAR AT SRIVILLIPUTHUR. 3 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI 4 THE SUB INSPECTOR OF POLICE APPAYANAICKENPATTI POST, VIRUDHUNAGAR DISTRICT. 5 THE OFFICER INCHARGE, SUB JAIL, VIRUDHUNAGAR. +1. CC to M/S.K.SURESH Advocate SR.No. 36240. TS/06.07.2015/2P -7C

ORDER

IN CRL OP(MD) No.11488 of 2015 Date :06/07/2015 https://hcservices.ecourts.gov.in/hcservices/