← Library
Madras High CourtCRL OP(MD)/12870/2015allowed

Sengaian v. The Inspector Of Police

2015-07-09Honourable Mr Justice K. Kalyanasundaram2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Ninth day of July Two Thousand Fifteen PRESENT The Hon`ble Mr Justice K.KALYANASUNDARAM CRL OP(MD) No.12870 of 2015 SENGAIAN ... PETITIONER(S) / ACCUSED RANK NOT KNOWN Vs STATE REP BY:: THE INSPECTOR OF POLICE SELLUR POLICE STATION, MADURAI, CRIME NO. 591/2015 ... RESPONDENT(S) / COMPLAINANT(S) For Petitioner : M/S.R.PRABHU RAMACHANDRAN 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/A1, who was remanded to judicial custody by the respondent police on 21.04.2015 for the alleged offence under Sections 147, 148, 302 and 506(ii) IPC in Crime No.591 of 2015 on the file of the respondent police, seeks bail.

2. According to the prosecution, due to previous enmity the accused on 21.02.2015 attacked the deceased with lethal weapons and caused his death.

3. The learned counsel for the petitioner submitted the petitioner is a Taxi Driver and he has no way connected with the dispute between the deceased and other accused. The learned counsel further submitted that he has been incarceration for more than 78 days and investigation is over.

4.The learned Government Advocate (Crl.side) submitted that there are 11 accused in this case and both groups are rowdy elements and due to previous enmity, the accused had attacked the deceased and the petitioner has picked up the other accused on the https://hcservices.ecourts.gov.in/hcservices/ date of occurrence and he has no bad antecedents. It is further

submitted that except A6, A10 and A11, the other accused have been secured and they are in judicial custody.

5. Considering the facts and circumstances of the case, I am inclined to enlarge the petitioner on bail on the following conditions. 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.II, Madurai, and on further condition that the petitioner shall appear before the respondent police daily twice at 10.00 a.m and 6.00 p.m. until further orders.

sd/- 09/07/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE NO.II, MADURAI 2 THE CHIEF JUDICIAL MAGISTRATE MADURAI 3 THE ADDL. PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI 4 THE INSPECTOR OF POLICE SELLUR POLICE STATION, MADURAI, 5 THE SUPERINTENDENT CENTRAL PRISON MADURAI

1. CC to M/S.R.PRABHU RAMACHANDRAN Advocate SR.No.37403 DM 9 7 15 - 2P 7C ORDER IN CRL OP(MD) No.12870 of 2015 Date :09/07/2015 https://hcservices.ecourts.gov.in/hcservices/