Velan 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.12262 of 2015 1 VELAN 2 KANNAN ... PETITIONERS/ACCUSED 1 & 2 Vs STATE REP.BY ITS THE INSPECTOR OF POLICE LALGUDI POLICE STATION, TRICHY DT, CRIME NO.206/2015 ... RESPONDENT/COMPLAINANT For Petitioners : M/S.N.ANANDAKUMAR 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 petitioners, who are arrayed as A1 and A2 in Crime No.206 of 2015 on the file of the respondent Police, were arrested on 10.05.2015 for the offences punishable under Sections 302 of IPC r/w 3(2)(va) of SC / ST (POA) Amendment Ordinance Act, 2014 and Section 3(2)(v) of SC / ST (POA) Act 1989 and they seek bail. 2.According to the de facto complainant, on 10.05.2015, the accused have attached the deceased with hammer and caused death. 3.The learned counsel for the petitioners submitted that the petitioners are knife sharpers and while they were taking bath near Koolaiyaru Bridge, the deceased, who was in a drunken mood, had taken away the cell phones of the accused and thereafter, a wordy quarrel arose and the occurrence had taken place in a sudden provocation.

It is further submitted that the petitioners are innocent persons and they have been falsely implicated in this case. 4.The learned Government Advocate (Crl.side) appearing for the respondent Police has opposed the bail petition stating that the https://hcservices.ecourts.gov.in/hcservices/ first accused attacked the deceased on the chest and the second accused attacked on the chest and shoulder of the deceased.

5.Considering the overt-act attributed against this petitioners, 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, Lalgudi, and on further condition that the petitioners shall appear before the respondent police daily twice at 10.00 a.m. and 5.30 pm, 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, LALGUDI.

2 -DO-THRO' THE CHIEF JUDICIAL MAGISTRATE TRICHY.

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

4 THE SUPERINTENDENT, CENTRAL PRISON, TRICHY.

5 THE INSPECTOR OF POLICE LALGUDI POLICE STATION, TRICHY DISTRICT.

+1. CC to M/S.N.ANANDAKUMAR Advocate SR.No.35958 akm/03.07.15 /2p-7c/

ORDER

IN CRL OP(MD) No.12262 of 2015 Date :03/07/2015 https://hcservices.ecourts.gov.in/hcservices/