Pitchai Nadar v. The Inspector Of Police,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Twenty First day of July Two Thousand Fifteen PRESENT The Hon`ble Mr Justice K.KALYANASUNDARAM CRL OP(MD) No.13054 of 2015 PITCHAI NADAR ... PETITIONER / ACCUSED No.7 Vs THE STATE REP.BY THE INSPECTOR OF POLICE, SUSINDRAM POLICE STATION, KANYAKUMARI DISTRICT , CRIME NO.620/2014 ... RESPONDENT / COMPLAINANT For Petitioner : M/S.S.R.ANBARASU Advocate For Respondent : M/S.K.V.RAJARAJAN Govt. 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 A7 in Crime No.620 of 2014 on the file of the respondent police, was arrested and remanded to judicial custody on 12.06.2015 for the alleged offences punishable under Sections 294(b), 342, 302 and 506(ii) of I.P.C., and hence, seeks bail. 2.The case of the prosecution is that the deceased, who is the son-inlaw of this petitioner/A7 had matrimonial dispute with his wife and both were living separately, due to which, the accused attacked him on 20.10.2014 and caused his death.

3.The learned counsel for the petitioner submitted that except this petitioner all other accused Nos.1 to 6 were already arrested and released on bail. The learned counsel further submitted that the similarly placed accused Nos.A2 and A6 were released on bail by this Court and the other accused were granted bail by the Sessions Court in Cr.M.P.Nos.2980/2012, 3878/2014 and 3981/2014. The learned counsel further submitted that the petitioner is a senior citizen aged about 73 years old and he has been falsely implicated in this case, due to the previous enmity. 4.Per contra, the learned Government Advocate (Crl.side) would submit that the petitioner/A7 attacked the deceased with iron rod on the head and caused his death. It is further submitted that the major part of the investigation is over.

5.Considering the facts and circumstances of the case, this Court is inclined to enlarge the petitioner on bail on the following conditions. https://hcservices.ecourts.gov.in/hcservices/

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 Judicial Magistrate Court No.III, Nagercoil, Kanyakumari District and on further condition that the petitioner shall report before the respondent police daily at 10.00 a.m., until further orders.

sd/- 21/07/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) TO 1 THE JUDICIAL MAGISTRATE, NO.III, NAGERCOIL. 2 DO THRO THE CHIEF JUDICIAL MAGISTRATE, KANYAKUMARI AT NAGERCOIL. 3 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI 4 THE INSPECTOR OF POLICE, SUSINDRAM POLICE STATION, KANYAKUMARI DISTRICT. 5 THE OFFICER INCHARGE, SUB JAIL, NAGERCOIL. +1. CC to M/S.S.R.ANBARASU Advocate SR.No.39867. TS/21.07.2015/2P - 7C

ORDER

IN CRL OP(MD) No.13054 of 2015 Date :21/07/2015 https://hcservices.ecourts.gov.in/hcservices/