Rameshkumar v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Thirty First day of August Two Thousand Fifteen PRESENT The Hon`ble Mr Justice K.KALYANASUNDARAM CRL OP(MD) No.16701 of 2015 RAMESHKUMAR ... PETITIONER/ACCUSED NO.1 Vs.

STATE REP.BY THE INSPECTOR OF POLICE VEERAPANDI POLICE STATION, VEERAPANDI, THENI DISTRICT.

CRIME NO. 358 OF 2015 ... RESPONDENT / COMPLAINANT For Petitioner : M/S G.THIRUVARUTSELVAN 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.1, in Crime No.358 of 2015 on the file of the respondent police, was arrested on 30.06.2015 for the alleged offence punishable under Sections 147, 148, 342, 302, 109 and 506(ii) of I.P.C., and hence, seeks bail.

2. According to the prosecution, dispute was existing between the accused and the deceased over giving a contract of painting work to the temple and due to the enmity, on 30.06.2015, A1 stabbed the deceased with knife and killed him, while the other accused have instigated the first accused for commission of the offences.

3. The learned counsel for the petitioner submitted that the petitioner is innocent and he has been falsely implicated in this case. It is further submitted that even according to the prosecution, the petitioner has not attacked the deceased at the time of occurrence and at the instigation of A10, A1 received knife from the 6th accused and attacked the deceased. The learned counsel for the petitioner further submitted that even according to the prosecution, the petitioner has no intention or motive to murder the deceased and it had taken place due to the sudden provocation. It is also submitted that except this petitioner, other accused were already https://hcservices.ecourts.gov.in/hcservices/ granted anticipatory bail by this Court in Crl.O.P.(MD).No.13529 of 2015 dated 22.07.2015.

4. The learned Government Advocate (Crl.side) submitted that the major part of the investigation is over and the petitioner is the main accused in this case.

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, Theni 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/- 31/08/2015 / TRUE COPY / Sub-Assistant Registrar TO 1 THE JUDICIAL MAGISTRATE, THENI.

2 -DO- THRO' THE CHIEF JUDICIAL MAGISTRATE THENI 3 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

4 THE SUPERINTENDENT, CENTRAL PRISON, MADURAI.

5 THE INSPECTOR OF POLICE VEERAPANDI POLICE STATION, VEERAPANDI, THENI DISTRICT.

+1. CC to M/S G.THIRUVARUTSELVAN Advocate SR.No.50009 Akm/31.08.2015 /2p-7c/

ORDER

IN CRL OP(MD) No.16701 of 2015 Date :31/08/2015 https://hcservices.ecourts.gov.in/hcservices/