Suresh Kannan v. The Insepector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Fifteenth day of October Two Thousand Fifteen PRESENT The Hon`ble Mr Justice K.KALYANASUNDARAM CRL OP(MD) No.19287 of 2015 1 SURESH KANNAN 2 RAJASEKAR 3 THANGAM ..PETITIONERS/ACCUSED3, 5 AND 6 Vs STATE REP.BY THE INSPECTOR OF POLICE SAKKOTTAI POLICE STATION, SIVAGANGAI DISTRICT.

CR. NO.255/2015 ... RESPONDENT/COMPLAINANT For Petitioners : M/S.D.SIVARAMAN 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 petitioners, who are arrayed as accused Nos.1 to 3 in Crime No.255 of 2015 for the offence punishable under Section 302 IPC on the file of the respondent Police, were arrested and remanded to judicial custody on 06.08.2015. They seek bail. 2.According to the prosecution that the deceased D1 had married the sister of the 1st accused and subsequently, she was murdered by the deceased and her mother for which, a case was registered against them. Due to the previous enmity that on 30.07.2015, the accused attacked the deceased with lethal weapon and caused death. 3.The learned counsel for the petitioners submitted the 3rd accused is the co-employee of the 1st accused and the accused Nos.5 and 6 are friends of the 3rd accused and they have no motive to commit this offence.

4.It is further submitted that similarly placed 8th accused was granted bail by this Court in Crl.O.P.(MD)No.18320 of 2015 and the https://hcservices.ecourts.gov.in/hcservices/ petitioners are in judicial custody for more than 60 days and their application for bail can be considered. It is further submitted that

the petitioners name are not mentioned in the FIR and they have been implicated as accused based on the confession of the 1st accused. 5.Per contra, the learned Government Advocate (Crl.side) appearing for the respondent submitted that this is a case of double murder and the occurrence had taken place to take a revenge against the deceased.

6.Considering the facts and circumstances of the case, this Court is inclined to grant bail to the petitioners with certain conditions. Accordingly, the petitioners are ordered 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, Karaikudi and on further condition that the petitioners shall appear before the respondent police daily at 10.00 a.m., until further orders. sd/- 15/10/2015 / TRUE COPY / Sub-Assistant Registrar TO 1 THE JUDICIAL MAGISTRATE, KARAIKUDI.

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

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

4 THE OFFICER-IN-CHARGE.

DISTRICT JAIL, PUDUKKOTTAI.

5 THE INSPECTOR OF POLICE SAKKOTTAI POLICE STATION, SIVAGANGAI DISTRICT.

+1. CC to M/S.D.SIVARAMAN Advocate SR.No.61194 Akm/15.10.2015 /2p-7c/

ORDER

IN CRL OP(MD) No.19287 of 2015 Date :15/10/2015 https://hcservices.ecourts.gov.in/hcservices/