Thamaraiselvan, v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Fourth day of February Two Thousand Fifteen PRESENT The Hon`ble Mr Justice P.N.PRAKASH CRL OP(MD) No.179 of 2015 THAMARAISELVAN, ... PETITIONER/SOLE ACCUSED Vs THE STATE REP BY THE INSPECTOR OF POLICE UTHAMAPALAYAM POLICE STATION, UTHAMAPALAYAM, THENI DISTRICT.
(CRIME NO.319 OF 2014) ... RESPONDENT/COMPLAINANT For Petitioner : M/S.M.KARUPPASAMY PANDIAN Advocate For Respondent : Mr.A.P.BALASUBRAMANI, Govt. Advocate ( Crl. Side) PETITION FOR BAIL Under Sec. 439 Cr.P.C.
ORDER : The Court Made the following order :- The petitioner, who was arrested and remanded to judicial custody on 12.12.2014 for the offence punishable under Section 302 I.P.C in Crime No.319 of 2014 on the file of the respondent police, seeks bail.
2. The case of the prosecution is that on 11.08.2014, there was a quarrel between the father and son, in which, it is alleged that the son attacked the father with Aruval and caused his death and thereafter the body was thrown under a bridge. The petitioner, who is the son of the deceased, surrendered before the Village Administrative Officer on 12.12.2014 and gave an extra judicial confession and based on which, he was arrested and he is in incarceration since 12.12.2014.
3. Heard the learned Counsel for the petitioner.
4. The learned Government Advocate(Crl.Side) would submit that the investigation is almost completed.
5. Taking into consideration the facts and circumstances of the case and since the investigation is almost completed, I am inclined to grant bail to this petitioner.
6. 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, Uthamapalayam and on further condition that:
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[a] the petitioner shall report before the respondent police twice a day daily at 10.30 a.m. and 06.30p.m. for a period of four weeks and thereafter, as and when required for interrogation. [b] the petitioner shall not tamper with evidence or witness either during investigation or trial.
[c] the petitioner shall not abscond either during investigation or trial.
[d] On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioner in accordance with law as if the conditions have been imposed and the petitioner released on bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560]. (e) The Inspector of Police concerned is directed to send compliance report to the Office of the learned Government Advocate (Crl.side), whether this petitioner is complying with the order or not.
sd/- 04/02/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1 THE JUDICIAL MAGISTRATE,UTHAMAPALAYAM 2 -DO-THRO'THE CHIEF JUDICIAL MAGISTRATE THENI DISTRICT 3 THE INSPECTOR OF POLICE UTHAMAPALAYAM POLICE STATION, UTHAMAPALAYAM, THENI DISTRICT.
4 THE SUPERINTENDENT, CENTRAL PRISON, MADURAI 5 THE ADDL.PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1. CC to M/S.M.KARUPPASAMY PANDIAN Advocate SR.No.5007
ORDER
IN CRL OP(MD) No.179 of 2015 Date :04/02/2015 NA/04/02/2015/P2/7C https://hcservices.ecourts.gov.in/hcservices/