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Madras High CourtCRL OP(MD)/15653/2015allowed

Bose v. State Rep By Inspector Of

2015-08-13Honourable Mr Justice K. Kalyanasundaram2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Thirteenth day of August Two Thousand Fifteen PRESENT The Hon`ble Mr Justice K.KALYANASUNDARAM CRL OP(MD) No.15653 of 2015 BOSE ... PETITIONER / ACCUSED No.1 Vs THE STATE REP BY INSPECTOR OF POLICE THIRUCHULLI POLICE STATION, VIRUDHUNAGAR DISTRICT.

(CRIME NO. 149/15) ... RESPONDENT/ COMPLAINANT For Petitioner : M/S.A.BASKARAN Advocate For Respondent : M/S.S.Prabha Government 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.1 in Crime No.149 of 2015 on the file of the respondent police, was arrested on 01.07.2015 for the alleged offences punishable under Section 302 of I.P.C., and hence, seeks bail.

2. The case of the prosecution is that on 25.06.2015 at about 1.30 p.m., the accused attacked the deceased with aruvalmanai and killed him.

3. The learned counsel for the petitioner submitted that the first accused is the father-in-law and the second accused is the wife of the deceased and ten days prior to the occurrence, there is a wordy altercation arose between the second accused and the deceased and due to which, she left from the matrimonial home and she was residing in her sister's house. While so, on 25.06.2015, the deceased came in an inebriated mood with an aruval and attacked the first accused and caused 7 injuries to the first accused. The learned counsel for the petitioner further contended that the petitioner, who was originally admitted in the Government Hospital, Arupukottai and due to the serious injuries sustained by the accused, he was referred to the Government Rajaji Hospital, Madurai, where he was arrested on 01.07.2015. The learned counsel for the petitioner has also produced the Accident Register which shows he sustained 7 injuries and the second accused was granted bail by this Court in Crl.O.P.(MD).No.15335 of 2015 dated 07.08.2015.

4. Heard the learned Government Advocate (Crl.side). https://hcservices.ecourts.gov.in/hcservices/

5. Considering the facts and circumstances of the case, this Court is

inclined to grant bail to the petitioner with certain conditions. Accordingly, the second 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, Arupukottai and on further condition that the petitioner shall reside at Chennai and report before the Manali Police Station daily at 10.00 a.m. until further orders. sd/- 13/08/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) TO 1 THE JUDICIAL MAGISTRATE, ARUPUKOTTAI.

2 DO THRO THE CHIEF JUDICIAL MAGISTRATE, VIRUDHUNAGAR AT SRIVILLIPUTHUR. 3 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI 4 THE INSPECTOR OF POLICE, THIRUCHULLI POLICE STATION, VIRUDHUNAGAR DISTRICT.

5 THE OFFICER INCHARGE, MANALI POLICE STATION, CHENNAI. 6 THE SUPERINTENDENT, CENTRAL PRISON, MADURAI. +1. CC to M/S.A.BASKARAN Advocate SR.No. 46036. TS/13.08.2015/2P - 8C KBM/SAR -II

ORDER

IN CRL OP(MD) No.15653 of 2015 Date :13/08/2015 https://hcservices.ecourts.gov.in/hcservices/