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Madras High CourtCRL OP(MD)/17728/2015allowed

A.Eswaran @ Nongumandai v. The Sub Inspector Of Police

2015-09-21Honourable Mr Justice K. Kalyanasundaram2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Twenty First day of September Two Thousand Fifteen PRESENT The Hon`ble Mr Justice K.KALYANASUNDARAM CRL OP(MD) No.17728 of 2015 A.ESWARAN @ NONGUMANDAI ESWARAN ..PETITIONER/ACCUSED NO.1 Vs STATE REP.BY THE SUB INSPECTOR OF POLICE G.VILLAKU POLICE STATION, THENI DISTRICT.

CR.NO. 139/2015. ... RESPONDENT/COMPLAINANT For Petitioner : M/S K.MATHAN 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.139 of 2015 on the file of the respondent police was arrested and remanded to judicial custody on 03.07.2015 for the alleged offences punishable under Section 302 IPC, seeks bail. 2.According to the prosecution due to civil dispute, the first accused attacked the deceased with aruval and the second accused pushed the deceased in a ditch.

3.The learned counsel for the petitioner submitted that the petitioner is an innocent and he has been falsely implicated in this case and it is further submitted that the co-accused had already been released on bail by this Court on 25.08.2015 in Crl.O.P.(MD).No.16138 of 2015.

4.Learned Government Advocate (Crl.side) submitted that while the first accused was attacking the deceased, the petitioner pushed him into a ditch and caused his death.

5.Considering the nature of allegation and also considering the overt act attributed against the petitioner, this Court is inclined https://hcservices.ecourts.gov.in/hcservices/ 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, Andipatti and on further condition that the petitioner shall appear before the respondent police daily at 10.00 a.m., until further orders.

sd/- 21/09/2015 / TRUE COPY / Sub-Assistant Registrar TO 1 THE JUDICIAL MAGISTRATE, ANDIPATTI.

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 SUB INSPECTOR OF POLICE G.VILLAKU POLICE STATION, THENI DISTRICT.

+1. CC to M/S K.MATHAN Advocate SR.No.55414 Akm/21.09.2015 /2p-7c/

ORDER

IN CRL OP(MD) No.17728 of 2015 Date :21/09/2015 https://hcservices.ecourts.gov.in/hcservices/