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Madras High CourtCRL OP(MD)/18491/2015ordered

Mayavan @ Ishak v. The Insepector Of Police

2015-09-29Honourable Mr Justice K. Kalyanasundaram2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Twenty Ninth day of September Two Thousand Fifteen PRESENT The Hon`ble Mr Justice K.KALYANASUNDARAM CRL OP(MD) No.18491 of 2015 MAYAVAN @ ISHAK ... PETITIONER/ ACCUSED No.1 Vs THE STATE REP.BY THE INSEPECTOR OF POLICE MATHUR POLICE STATION, PUDUKKOTTAI DISTRICT, (CRIME NO.88 OF 2015) ... RESPONDENT / COMPLAINANT For Petitioner : M/S K.M.KARUNAKARAN 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 the 1st accused in Crime No.88 of 2015 for the offences punishable under Sections 302 IPC on the file of the respondent Police, was arrested and remanded to judicial custody on 25.07.2015. He seeks bail.

2.The case of the prosecution is that the 2nd accused and the deceased are husband and wife and the 1st accused had developed intimacy with the 2nd accused and since her husband objected the same, the 1st accused has killed the deceased by inflicting injury with knife. 3.The learned counsel for the petitioner submitted that the petitioner's name is not mentioned in the FIR and there is no witness to the occurrence also. It is further contended that the petitioner was roped in this case only on suspecion and he has been in judicial custody for more than 67 days. It is further contended that the petitioner is a nero patient.

4.The learned Government Advocate (Crl.side) appearing for the respondent objected for granting bail to the petitioner and contended that the petitioner / accused had conspired with accused Nos.2 and 3 and committed this heinous crime. It is further submitted that investigation is yet to be completed.

5.Heard the learned counsel for the petitioner and the learned Government Advocate (Crl.side) appearing for the respondent. 6.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 https://hcservices.ecourts.gov.in/hcservices/

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, Keeranur, Pudukkottai District and on further condition that the petitioner shall appear before the respondent police daily twice at 10.00 am., and 5.00 pm., until further orders. sd/- 29/09/2015 / TRUE COPY / Sub-Assistant Registrar TO 1 THE JUDICIAL MAGISTRATE KEERANUR 2 THE CHIEF JUDICIAL MAGISTRATE PUDUKKOTTAI DISTRICT 3 THE SUPERINTENDENT CENTRAL PRISON TRICHY 4 THE INSEPECTOR OF POLICE MATHUR POLICE STATION, PUDUKKOTTAI DISTRICT, 5 THE ADDITIONAL PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT MADURAI +1. CC to M/S K.M.KARUNAKARAN Advocate SR.No.57276.

ORDER

IN CRL OP(MD) No.18491 of 2015 Date :29/09/2015 AM/29.09.2015/GSV.PM/SAR-I/2P/7C https://hcservices.ecourts.gov.in/hcservices/