T.Muthuselvam v. The Inspector Of Police

CRL OP(MD). No.586 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 10/01/2020 PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN CRL OP(MD). No.586 of 2020 T.Muthuselvam ... Petitioner/Accused No.2 Vs State rep.by The Inspector of Police, Thiruchendur Police Station, Tuticorin District.

(Crime No.335 of 2019) ... Respondent/Complainant For Petitioner : M/s.V.S.Kishok Kumar, Advocate.

For Respondent : Mrs.M.Ananthadevi, Government Advocate (Crl.Side) PETITION FOR BAIL Under Sec.439 of Cr.P.C.

PRAYER :- for Bail in Crime No.335 of 2019 on the file of the respondent police ORDER : The Court made the following order :- Heard the learned counsel appearing for the petitioner and the learned Government Advocate(Crl. Side) appearing for the respondent.

2. The petitioner is in custody since 04.11.2019, for the offences under Section 294(b), 342 and 302 of I.P.C., in Crime No.335 of 2019, on the file of the respondent police. Hence, he seeks bail.

3. The defacto complainant is the brother of the deceased. The defacto complainant has lodged the complaint based on what he heard. The motive is primarily between the defacto complainant's family and A1/Kesavan. The petitioner is having one previous case. Investigation appears to be substantially over.

4. However, it is seen that there is a lot of bitterness between the family of A1/Kesavan and the family of the deceased. https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRL OP(MD). No.586 of 2020 The petitioner's counsel on instructions gives an undertaking that the petitioner will stay outside the Thoothukudi District and report before Palayamkottai Police Station daily at 10.30 a.m., for a period of six weeks. He gives a further undertaking that he will not apply for modification or relaxation of the said condition.

4. Recording the said undertakings, I am inclined to enlarge the petitioner on bail with certain conditions. Accordingly, the petitioner is ordered to be released on bail, subject to the following conditions;

(i) the petitioner shall execute 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 Judicial Magistrate, Thiruchendur.

(ii) the petitioner is directed to appear before Palayamkottai Police station daily at 10.30 a.m., for a period of six weeks and thereafter appear before the respondent police as and when required for the interrogation.

(iii) on breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioner in accordance with law as if the conditions have been imposed and the petitioner released on bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560]. sd/- 10/01/2020 / TRUE COPY / / /2020 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO

1. THE JUDICIAL MAGISTRATE, TIRUCHENDUR.

2. DO-THROUGH THE CHIEF JUDICIAL MAGISTRATE, THOOTHUKUDI DISTRICT.

3. THE OFFICER INCHARGE, DISTRICT JAIL TUTICORIN DISTRICT.

4. THE INSPECTOR OF POLICE, THIRUCHENDUR POLICE STATION,TUTICORIN DISTRICT.

5. THE INSPECTOR OF POLICE, PALAYAMKOTTAI POLICE STATION.

6. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. +1. CC to M/S.V.S.KISHOK KUMAR Advocate SR.No.613 ORDER IN CRL OP(MD) No.586 of 2020 Date :10/01/2020 MS/PN/SAR-4/10.01.2020/2P.8C https://hcservices.ecourts.gov.in/hcservices/ 2/2