Gopinath v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Fourth day of August Two Thousand Fifteen PRESENT The Hon`ble Mr Justice K.KALYANASUNDARAM CRL OP(MD) No.15064 of 2015 GOPINATH ... PETITIONER/ACCUSED No.6 Vs STATE REP.BY THE INSPECTOR OF POLICE KOODALPUDUR POLICE STATION, MADURAI DT, CRIME NO.388/2015 ... RESPONDENT/COMPLAINANT For Petitioner : M/S.S.POORNA CHANDRAN Advocate For Respondent : MRS.S.PRABHA, 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 accused No.6 in Crime No.388 of 2015 on the file of the respondent police, was arrested on 16.06.2015 for the alleged offences punishable under Section 302 I.P.C., subsequently altered into Sections 147, 148 and 302 of I.P.C., and hence, seeks bail.

2. The prosecution case is that the deceased was owning a bull and it caused injury on the first accused, due to which, wordy quarrel arose between them and on 14.06.2015, the accused have taken the deceased to the graveyard and attacked with lethal weapons and caused death.

3. The learned counsel for the petitioner submitted that the petitioner's name does not find place in the F.I.R; there was no eye-witness to the occurrence and the petitioner is implicated only on the confession of the co-accused. It is further contended that even as per the case of the prosecution, the accused 1 to 3 have inflicted fatal injuries and the petitioner said to have been present in the scene of occurrence.

4. The learned Government Advocate (Crl.side) submitted that due to https://hcservices.ecourts.gov.in/hcservices/ previous enmity, the accused have taken the deceased at 11.30 p.m., on

14.06.2015 and later, they killed him with lethal weapons. It is further submitted that all the accused have been secured and major part of the investigation is over.

5. Considering the facts and circumstances of the case, this Court is inclined to grant bail to the petitioner with certain conditions. Accordingly, the petitioner is ordered to be released on bail on his 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.IV, Madurai and on further condition that the petitioner shall report before the respondent police daily twice at 10.00 a.m. and 5.00 p.m. until further orders. sd/- 04/08/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE NO.IV, MADURAI.

2 DO-THRO' THE CHIEF JUDICIAL MAGISTRATE MADURAI DISTRICT.

3 THE OFFICER INCHARGE, SUB PRISON,MELUR.

4 THE INSPECTOR OF POLICE KOODALPUDUR POLICE STATION, MADURAI DT.

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

+1. CC to M/S.S.POORNA CHANDRAN Advocate SR.No.43719

ORDER

IN CRL OP(MD) No.15064 of 2015 Date :04/08/2015 PA/KBM/SAR-I/04.08.2015/2P/7C https://hcservices.ecourts.gov.in/hcservices/