Suresh v. The Inspector Of Police,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Thirteenth day of July Two Thousand Fifteen PRESENT The Hon`ble Mr Justice K.KALYANASUNDARAM CRL OP(MD) No.12868 of 2015 SURESH ... PETITIONER(S) / ACCUSED 4 Vs STATE REP BY:: THE INSPECTOR OF POLICE, PUDUKOTTAI POLICE STATION, CRIME NO.129 OF 2015, TUTICORIN DISTRICT. ... RESPONDENT(S) / COMPLAINANT For Petitioner : M/S.S.I.A.K.BAGADUR SHA Advocate For Respondent : Mr.K.V.RAJARAJAN, Government Advocate(Crl.Side) PETITION FOR BAIL Under Sec. 439 Cr.P.C.

ORDER : The Court Made the following order :- The petitioner is A.4 in Crime No.129 of 2015 on the file of the respondent police, for the offences punishable under Sections 147, 148, 341 and 302 I.P.C. The petitioner was arrested and remanded to judicial custody on 30.04.2015. He has come forward with this petition seeking bail.

2.According to the prosecution, due to dispute arose celebrating a temple festival, the accused had lodged a criminal case against the deceased which was registered in Crime NO.197 of 2012. Due to the enmity, on 25.04.2014, the accused attacked the deceased with lethal weapons and caused his death.

3.The learned Counsel for the petitioner submitted that there was a dispute between the deceased and the first accused and civil and criminal cases are pending and this petitioner is only a relative to the first accused and he has been falsely implicated in this case. He further submitted that the co-accused were released on bail by this Court in Crl.O.P.(MD)No.9714 of 2015, dated 26.06.2015 and the petitioner is under judicial custody from 30.04.2015. 4.The learned Government Advocate (Crl.side) submitted that all the accused joined together and indiscriminately attacked the deceased with lethal weapons and all the accused have been arrested and remanded to judicial custody. He further submitted that the major part of the investigation is over.

https://hcservices.ecourts.gov.in/hcservices/ 5.Considering the facts and circumstances of the case, this court is inclined to grant bail to the petitioner.

6.Accordingly, the petitioner is directed to be released on bail, on his executing a personal 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, Tuticorin and on further condition that the petitioner shall appear before the Sipcot Police Station, Tuticorin daily twice at 10.00 a.m. and 05.00 p.m. until further orders.

sd/- 13/07/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) TO 1 THE JUDICIAL MAGISTRATE, NO.I, TUTICORIN 2 THE CHIEF JUDICIAL MAGISTRATE, TUTICORIN 3 THE ADDL. PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI 4 THE INSPECTOR OF POLICE, PUDUKOTTAI POLICE STATION, TUTICORIN DISTRICT. 4 THE OFFICER IN CHARGE BORSTAL SCHOOL, NANGUNERI 6 THE INSPECOTR OF POLICE SIPCOT POLICE STATION TUTICORIN

1. CC to M/S.S.I.A.K.BAGADUR SHA Advocate SR.No.38021 DM 13 7 15 - 2p; 8c ORDER IN CRL OP(MD) No.12868 of 2015 Date :13/07/2015 https://hcservices.ecourts.gov.in/hcservices/