K. Ranjithkumar v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Third day of September Two Thousand Fifteen PRESENT The Hon`ble Mr Justice K.KALYANASUNDARAM CRL OP(MD) No.16427 of 2015 K. RANJITHKUMAR ... PETITIONER / SOLE ACCUSED Vs THE STATE REP.BY THE INSPECTOR OF POLICE TALUK POLICE STATION, THANJAVUR DISTRICT.

(CRIME NO. 326/2015) ... RESPONDENT / COMPLAINANT For Petitioner : M/S R.SURESH KUMAR 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 the sole accused in Crime No.326 of 2015 for the offences punishable under Sections 294(b), 324 and 506(ii) IPC and altered to 307 and thereafter, altered to 302 IPC, was arrested and remanded to judicial custody on 17.07.2015. He seeks bail. 2.According to the prosecution, one Susai is the lessee for plucking coconut belong to local authority and on 15.07.2015, the deceased Kulandaisamy wanted to pluck coconut, which was objected by the accused and thereafter, wordy quarrel ensured between them. Due to which, the accused attacked the deceased with stick and also with hands and caused injuries. Thereafter, he died on 28.07.2015 due to the injuries sustained on 15.07.2015.

3.The learned counsel for the petitioner submitted that the occurrence is said to have taken place on 15.07.2015. But, the complaint was lodged after 2 days ie., on 17.07.2015 without any proper explanation for the inordinate delay. It is further submitted that the accused is said to have attacked the deceased due to sudden provocation and there is no intention to kill the deceased. It is also submitted that due to previous enmity, the petitioner has been falsely implicated in this case. 4.The learned Government Advocate (Crl.side) appearing for the respondent submitted that the deceased is a senior citizen, aged about 60 years and he was attacked by the accused by hands and stick due to the same, the deceased died on 28.07.2015. It is further submitted that major part of the investigation is over.

5.Heard the learned counsel for the petitioner and the learned Government Advocate (Crl.side) appearing for the respondent. https://hcservices.ecourts.gov.in/hcservices/

6.Considering the overt-act attributed against the petitioner, this Court is inclined to grant bail to the petitioner with certain conditions. Accordingly, the petitioner is ordered 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 learned Judicial Magistrate No.II, Thanjavur, and on further condition that the petitioner shall appear before the respondent police daily at 10.00 a.m., until further orders.

sd/- 03/09/2015 / TRUE COPY / Sub-Assistant Registrar TO 1 THE INSPECTOR OF POLICE, TALUK POLICE STATION,THANJAVUR DISTRICT. 2 THE JUDICIAL MAGISTRATE NO.II, THANJAVUR 3 THE CHIEF JUDICIAL MAGISTRATE, THANJAVUR DISTRICT 4 THE SUPERTENDENT CENTRAL PRISON,TRICHIRAPPALLI DISTRICT 5 THE ADDTIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT MADURAI +1. CC to M/S R.SURESH KUMAR Advocate SR.No.51503

ORDER

IN CRL OP(MD) No.16427 of 2015 Date :03/09/2015 2P/7C AM/03.09.2015/ AAL-MPA/SAR - I https://hcservices.ecourts.gov.in/hcservices/