Maruthupandi v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Fifth day of October Two Thousand Fifteen PRESENT The Hon`ble Mr Justice K.KALYANASUNDARAM CRL OP(MD) No.17786 of 2015 MARUTHUPANDI ..PETITIONER/ACCUSED No.14 Vs.

STATE REP.BY THE INSPECTOR OF POLICE NORTH POLICE STATION, TUTICORIN DISTRICT.

(IN CRIME NO. 557/2015) ..RESPONDENT/COMPLAINANT For Petitioner : M/S N.ANANDAKUMAR 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 A14, in Crime No.557 of 2015 on the file of the respondent police, was arrested and remanded to judicial custody on 16.08.2015, for the alleged offences punishable under Sections 302 of I.P.C., @ Sections 147, 148, 120(b), 342 and 302 of I.P.C., and hence, seeks bail.

2.The case of the prosecution is that on 07.08.2015 all the accused have conspired together to murder the deceased, due to previous enmity and at 08.00 p.m., A1 to A4 had inflicted injuries on the deceased and thereby caused death.

3.The learned counsel for the petitioner submitted that the petitioner was implicated based on the confession of co-accused/A1 and even as per the confession, he is one of the conspirator for the occurrence and he was not present in the scene of occurrence. It is further submitted that all the accused have been secured and major part of the investigation is over.

4.The learned Government Advocate (Crl.side) would submit that it is the case of retaliation and the accused in this case had life threat to the deceased and therefore, they committed the offence on 07.08.2015. It is further submitted that the petitioner has no previous case. 5.Considering the facts and circumstances of the case and also 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 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 No.II, Tuticorin and on further condition that the petitioner shall report before the respondent Police daily at 10.00 a.m., until further orders.

sd/- 05/10/2015 / TRUE COPY / https://hcservices.ecourts.gov.in/hcservices/ Sub-Assistant Registrar (C.S.)

TO 1 THE JUDICIAL MAGISTRATE NO.II, TUTICORIN. 2 -do-thro'THE CHIEF JUDICIAL MAGISTRATE, TUTICORIN. 3 THE ADDL.PUBLIC PROSECUTOR,MADURAI BENCH OF MADRAS HIGH COURT,MADURAI. 4 THE INSPECTOR OF POLICE, NORTH POLICE STATION, TUTICORIN DISTRICT. 5 THE SUPERINTENDENT, CENTRAL PRISON, PALAYAMKOTTAI, TIRUNELVELI DISTRICT.

+1. CC to M/S N.ANANDAKUMAR Advocate SR.No.58449 ORDER IN CRL OP(MD) No.17786 of 2015 DATE :05/10/2015 PBK/SK-SAR-II 05/10/2015 ::2P-7C::

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