Sudalai Veerapandian v. The Deputy Superintendent

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Eleventh day of September Two Thousand Fifteen PRESENT The Hon`ble Mr Justice K.KALYANASUNDARAM CRL OP(MD) No.17483 of 2015 SUDALAI VEERAPANDIAN ..PETITIONERS/ACCUSED NO.12 Vs.

THE DEPUTY SUPERINTENDENT OF POLICE, CRIME BRANCH (CID), TIRUNELVELI RANGE, THOOTHUKUDI, [CR.NO. 3 OF 2015] ... RESPONDENT/COMPLAINANT For Petitioner : M/S R.RAMACHANDRAN 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 A12 in Crime No.3 of 2015 on the file of the respondent police, was surrendered and remanded to judicial custody on 20.08.2015 for the alleged offences punishable under Sections 147, 148, 166, 449, 452, 465, 201 and 302 of I.P.C., r/w 120(b) I.P.C., and under Section 3(1)(x), 3(2)(1) and 3(2)(VII) of SC/ST (Prevention of Atrocities) Act, 2015, and hence, seeks bail. 2.According to the prosecution, due to previous enmity, the accused attacked the father of the de-facto complainant and his driver with lethal weapons and caused death.

3.The learned counsel for the petitioner submitted that the accused viz., Yesudasan and three others named in the FIR were deleted from the case and the respondent arrested one Ulaganathan and based on his confession, the petitioner and other accused were implicated in this case. It is further submitted that even as per the confession of the said Ulaganathan, the petitioner was standing near the occurrence place and watching the movement of the General Public. It is further submitted that except this petitioner, others were arrested and released on bail.

4.The learned Government Advocate (Crl.side) vehemently opposed https://hcservices.ecourts.gov.in/hcservices/ the bail application stating that this is a case of double murder and

the petitioner surrendered only on 20.08.2015 and the investigation is not yet completed.

5.However, considering the fact that the occurrence has taken place in the month of October 2013 and the prime accused have been arrested and released on bail and also considering the overt act attributed against the petitioner, this Court is inclined to enlarge the petitioner on bail on condition that the petitioner is directed 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.I, Kovilpatti and on further condition that the petitioner shall stay at Vilupuram and report before the Vilupuram Town Police Station daily twice ie., at 10.00 a.m., and 05.00 p.m., until further orders. sd/- 11/09/2015 / TRUE COPY / Sub-Assistant Registrar TO 1 THE JUDICIAL MAGISTRATE NO.I KOVILPATTI.

2 -DO- THRO' THE CHIEF JUDICIAL MAGISTRATE THOOTHUKUDI.

3 THE SUPERINTENDENT, CENTRAL JAIL, PALAYAMKOTTAI.

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

5 THE DEPUTY SUPERINTENDENT OF POLICE, CRIME BRANCH (CID), TIRUNELVELI RANGE, THOOTHUKUDI. THE INSPECTOR OF POLICE, VILLUPURAM TOWN POLICE STATION, VILLUPURAM DISTRICT. +1. CC to M/S R.RAMACHANDRAN Advocate SR.No.53875 Akm/14.09.2015 /2p-8c/

ORDER

IN CRL OP(MD) No.17483 of 2015 Date :11/09/2015 https://hcservices.ecourts.gov.in/hcservices/