Madras High CourtCRL OP(MD)/14464/2015allowed

M. Raja, S/O. Mahendran, v. The Inspector Of Police

2015-07-29Honourable Mr Justice K. Kalyanasundaram2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Twenty Ninth day of July Two Thousand Fifteen PRESENT The Hon`ble Mr Justice K.KALYANASUNDARAM CRL OP(MD) No.14464 of 2015 M. RAJA ... PETITIONER / ACCUSED NO.1 Vs THE STATE REP.BY THE INSPECTOR OF POLICE KEELAVALAU POLICE STATION, MADURAI DT.

CRIME NO.232/2015 ... RESPONDENT/ COMPLAINANT For Petitioner : M/S.S.MP.AMALAN 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 arrayed as Accused No.1 in Crime No.232 of 2015 on the file of the respondent police, for the offence punishable under Section 174 of the Code of Criminal Procedure, 1973 altered into Section 302 of the Indian Penal Code. The petitioner was arrested and remanded to judicial custody on 25.05.2015. He has come forward with this petition seeking bail.

2. The case of the prosecution is that on 24.05.2015 while the accused and the deceased were playing Kabadi, the deceased has taken the banian of the first accused. When the same was questioned by the petitioner/Accused No.1 and Accused No.2, a wordy altercation ensured and the accused dashed the deceased against a tree and thereafter, he fell down and died.

3. The learned counsel for the petitioner submitted that the petitioner is an innocent and he has been falsely implicated in this case and further submitted that even as per the prosecution, there is no enmity between the petitioner and deceased and the petitioner has no intention to murder the deceased and the occurrence has taken place in a sudden provocation.

4. The learned Government Advocate (Criminal Side) submitted that the second accused was granted bail by the Sessions Court, Madurai and major part of the investigation was over.

5. Considering the submission of the learned counsel for the petitioner and the learned Government Advocate (Criminal Side), this court is inclined to grant bail to the petitioner. https://hcservices.ecourts.gov.in/hcservices/

6. Accordingly, the petitioner is directed to be released on bail, on 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, Melur and on further condition that the petitioner shall appear before the respondent police daily at 10.00 a.m. until further orders. sd/- 29/07/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1.THE JUDICIAL MAGISTRATE,MELUR.

2.THE CHIEF JUDICIAL MAGISTRATE MADURAI 3.THE ADDL PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

4.THE INSPECTOR OF POLICE KEELAVALAU POLICE STATION, MADURAI DISTRICT.

5.THE OFFICER INCHERGE, BORSTAL SCHOOL, MELUR.

+1. CC to M/S.S.MP.AMALAN Advocate SR.No.42646

ORDER

IN CRL OP(MD) No.14464 of 2015 Date :29/07/2015 rg.31.07.2015 2p.7c.

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