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Madras High CourtCRL OP(MD)/15221/2015ordered

S. Velmurugan v. The Inspector Of Police

2015-08-06Honourable Mr Justice K. Kalyanasundaram2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Sixth day of August Two Thousand Fifteen PRESENT The Hon`ble Mr Justice K.KALYANASUNDARAM CRL OP(MD) No.15221 of 2015 S. VELMURUGAN ... PETITIONER / ACCUSED NO.1 Vs THE STATE REP.BY THE INSPECTOR OF POLICE SEITHUR POLICE STATION, VIRUDHUNAGAR DISTRICT.

CR. NO. 198/2015 ... RESPONDENT / COMPLAINANT For Petitioner : M/S.R.MATHIYALAGAN Advocate For Respondent : M/S.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 A1 in Crime No.198 of 2015 on the file of the respondent police was arrested and remanded to judicial custody on 18.05.2015 for the alleged offence punishable under Sections 147, 148, 294(b),307 and 302 of I.P.C, and hence, seeks bail.

2.The case of the prosecution is that on 17.05.2015, due to previous enmity the petitioner and other accused persons assaulted the de-facto complainant's husband and caused to death. 3.The learned counsel for the petitioner submitted that the petitioner is an innocent person and he further submitted that the petitioner and the husband of the de-facto complaint are brothers and due to the previous enmity, the petitioner has been falsely implicated in this case and also submitted that he is in custody for more than 78 days.

4.The learned Government Advocate (Criminal side) submitted that the allegation made against the petitioner is serious in nature and the injured person Balamurugan was already discharged from the hospital.

5. Considering the submissions and contentions made by both side, and taking into consideration that the petitioner is in custody for more than 78 days, this Court is inclined to grant bail to the petitioner, with certain conditions. https://hcservices.ecourts.gov.in/hcservices/

6. Accordingly, the petitioner is ordered 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, Rajapalayam and on further condition that the petitioner shall appear before the respondent police daily at 10.00 a.m. until further orders. sd/- 06/08/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1.THE JUDICIAL MAGISTRATE,RAJAPALAYAM.

2.THE CHIEF JUDICIAL MAGISTRATE VIRUDHUNAGAR AT SRIVILLIPUTHUR.

3.THE ADDL.PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

4.THE INSPECTOR OF POLICE SEITHUR POLICE STATION, VIRUDHUNAGAR DISTRICT.

5.THE OFFICER INCHARGE, DISTRICT JAIL VIRUDHUNAGAR.

+1. CC to M/S.R.MATHIYALAGAN Advocate SR.No.44428

ORDER

IN CRL OP(MD) No.15221 of 2015 Date :06/08/2015 rg.07/08/2015 2p/7c.

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