K. Marimuthu, S/O.Karupasamy v. The Inspector Of Police,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Twenty Sixth day of April Two Thousand Nineteen PRESENT The Hon`ble Mr.Justice M.DHANDAPANI CRL OP(MD) No.6148 of 2019 K.MARIMUTHU ... PETITIONER /SOLE ACCUSED Vs STATE REP.BY THE INSPECTOR OF POLICE, SATTUR TOWN POLICE STATION, VIRUDHUNAGAR DISTRICT.
CRIME NO.17 OF 2019 ... RESPONDENT / COMPLAINANT For Petitioner : Mr.M.JOTHI BASU, Advocate For Respondent : Mr.K.SUYAMBULINGA BHARATHI, Government 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 since 11.03.2019 for the offences punishable under Section 302 of IPC Crime No. 17 of 2019, on the file of the respondent police, seeks bail.
2. The case of the prosecution is that the petitioner herein is the brother-in-law of the deceased. The deceased has unnatural sex with several boys living in the village. Thereafter the petitioner invited the deceased for consuming liquor and while consuming liquor both of them attacked each other, thereby the deceased sustained injuries and lost his life. Hence, the complaint. 3.The learned for the petitioner would submit that the petitioner is innocent person and he has not committed any offence as alleged by the prosecution. He would also submit that while consuming liquor both pushed each other , thereby the deceased lost his life.'
4.The learned Government Advocate (Crl.Side) would submit that investigation is almost completed.
5.Considering the facts and circumstances of the case and considering the period of incarceration, this Court is inclined to grant bail to the petitioner.
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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, of whom, one should be a blood related surety, each for a like sum to the satisfaction of the learned Judicial Magistrate No.II, Sattur and on further condition that:
(a) the sureties shall affix their photographs and left thumb impression in the surety bond and the concerned Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity;
(b) the petitioner shall report before the respondent police daily at 10.30 a.m until further orders;
(c) the petitioner shall not tamper with evidence or witness either during investigation or trial;
(d) the petitioner shall not abscond either during investigation or trial;
(e) 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]; and; (f) if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC;
sd/- 26/04/2019 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO
1. THE JUDICIAL MAGISTRATE NO.II, SATTUR.
2. DO-THROUGH THE CHIEF JUDICIAL MAGISTRATE, VIRUDHUNAGAR DISTRICT AT SRIVILIPUTTUR.
3. THE OFFICER INCHARGE, DISTRICT PRISON, VIRUDHUNAGAR.
4. THE INSPECTOR OF POLICE, SATTUR TOWN POLICE STATION, VIRUDHUNAGAR DISTRICT.
5. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1. CC to M/S.G.M.LAW OFFICE, Advocate SR.No.7374
ORDER
IN CRL OP(MD) No.6148 of 2019 Date :26/04/2019 MS/PN/SAR-3/26.04.2019/2P.7C https://hcservices.ecourts.gov.in/hcservices/