Chinnaraja @ Periyasamy v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Twenty Eighth day of October Two Thousand Fifteen PRESENT The Hon`ble Mr Justice K.KALYANASUNDARAM CRL OP(MD) No.20537 of 2015 CHINNARAJA @ PERIYASAMY ..PETITIONER/ACCUSED No.1 Vs.

STATE REP.BY THE INSPECTOR OF POLICE THEVAR KULAM POLICE STATION, TIRUNELVELI DISTRICT.

CR. NO.117/2015 ..RESPONDENT/COMPLAINANT For Petitioner : M/S.KATHIRVELU, Senior Counsel for Mr.K.PRABHU 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.1, in Crime No.117 of 2015 on the file of the respondent police, was arrested on 04.09.2015 for the alleged offences punishable under Sections 174 of Cr.P.C., and subsequently altered to 302 and 201 of I.P.C., and hence, seeks bail.

2. The case of the prosecution is that the accused 1 and 2 were having illicit intimacy which was questioned by the husband of the second accused and therefore, on 27.08.2015, the second accused gave a milk mixing sleeping tablets and thereafter, strangulated him to death.

3. The learned counsel for the petitioner submitted that the petitioner is senior citizen aged about 60 years and due to civil dispute, he has been falsely roped in this case. It is further submitted that the petitioner is implicated only on the basis of the confession of the second accused.

4. The learned Government Advocate (Crl.side) submitted that the respondent has completed the investigation and also laid charge sheet in this case which is taken on file as P.R.C.No.65 of 2015.

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 No.III, Tirunelveli and on further condition that the petitioner shall appear before the respondent police daily at 10.00 a.m. for a period of 30 days and thereafter as and when required.

sd/- 28/10/2015 / TRUE COPY / https://hcservices.ecourts.gov.in/hcservices/ Sub-Assistant Registrar (C.S.)

TO 1 THE JUDICIAL MAGISTRATE NO.III, TIRUNELVELI. 2 -do-thro'THE CHIEF JUDICIAL MAGISTRATE,TIRUNELVELI. 3 THE ADDL.PUBLIC PROSECUTOR,MADURAI BENCH OF MADRAS HIGH COURT,MADURAI. 4 THE INSPECTOR OF POLICE, THEVAR KULAM POLICE STATION, TIRUNELVELI DISTRICT.

5 THE SUPERINTENDENT, CENTRAL PRISON, PALAYAMKOTTAI, TIRUNELVELI DISTRICT.

+1. CC to M/S K.PRABHU Advocate SR.No.63007 ORDER IN CRL OP(MD) No.20537 of 2015 Date :28/10/2015 PBK/NGM-SS/SAR-I 28/10/2015 ::2P-7C::

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