Arul Pandian v. The Sub Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Twenty Sixth day of October Two Thousand Fifteen PRESENT The Hon`ble Mr Justice K.KALYANASUNDARAM CRL OP(MD) No.20413 of 2015 ARUL PANDIAN ..PETITIONER/ACCUSED No.2 Vs.

STATE REP.BY THE SUB INSPECTOR OF POLICE RAJATHANI POLICE STATION, THENI DISTRICT.

IN CRIME NO. 215 OF 2015 ..RESPONDENT/COMPLAINANT For Petitioner : M/S K.MANAVALAN 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 accused No.2 in Crime No.215 of 2015 on the file of the respondent police, was arrested on 07.08.2015 for the alleged offences punishable under Sections 174 Cr.P.C. altered to 120 (b), 302 and 201 of I.P.C., r/w. Section 34 of I.P.C., and hence, seeks bail.

2. According to the prosecution, the deceased, who is the husband of the first accused was suffering from HIV, and so, the accused have conspired together to eliminate him and in pursuance of the conspiracy, on 25.06.2015, the first accused gave a milk mixing sleeping tablets and thereafter, the first accused by using a pillow pressed the face of the deceased and thereby caused his death.

3. The learned counsel for the petitioner submitted that the petitioner has been incarceration for more than 85 days and even according to the prosecution, he purchased sleeping tablets which was used by the first accused for committing the offence.

4. The learned Government Advocate (Crl.side) submitted that the major part of the investigation is over and the petitioner has no bad antecedents.

5. Considering the facts, 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, Andipatti and on further condition that the petitioner shall appear before the respondent police daily at 10.00 a.m. until further orders. sd/- 26/10/2015 / TRUE COPY / https://hcservices.ecourts.gov.in/hcservices/ Sub-Assistant Registrar (C.S.)

TO 1 THE JUDICIAL MAGISTRATE, ANDIPATTI, THENI DISTRICT. 2 -do-thro' THE CHIEF JUDICIAL MAGISTRATE,THENI. 3 THE ADDL.PUBLIC PROSECUTOR,MADURAI BENCH OF MADRAS HIGH COURT,MADURAI. 4 THE SUB INSPECTOR OF POLICE, RAJATHANI POLICE STATION, THENI DISTRICT.

5 THE OFFICER IN CHARGE, SUB JAIL, MELUR, MADURAI DISTRICT. +1. CC to M/S K.MANAVALAN Advocate SR.No.62336 ORDER IN CRL OP(MD) No.20413 of 2015 Date :26/10/2015 PBK/DP/SAR-I 26/10/2015 ::2P-7C::

https://hcservices.ecourts.gov.in/hcservices/