Madras High CourtCRL OP(MD)/20602/2015ordered

Santhanam v. The Inspector Of Police

2015-10-28Honourable Mr Justice K. Kalyanasundaram2 pages

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.20602 of 2015 1 SANTHANAM ...1st PETITIONER/7TH ACCUSED 2 KARUPPIAH ...2ND PETITIONER/12TH ACCUSED 3 RAMESH ...3RD PETITIONER/13TH ACCUSED 4 PANDARAM ...4TH PETITIONER/14TH ACCUSED Vs THE STATE REP.BY THE INSPECTOR OF POLICE PAPPAKUDI POLICE STATION, TIRUNELVELI DISTRICT.

(IN CRIME NO. 151/2015) ... RESPONDENT / COMPLAINANT For Petitioner : M/S S.LINGARASU 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 petitioners, who are arrayed as accused Nos.7, 12 to 14 in Crime No.151 of 2015 on the file of the respondent police, was arrested on 04.09.2015 for the alleged offences originally registered under Sections 147, 148, 294(b), 323, 324, 307, 506(ii), 295 of I.P.C., and Section 3 of TNPPDL Act and subsequently altered to 147, 148, 294(b), 323, 324, 307, 302, 506(ii) and 295 of I.P.C., and Section 3 of TNPPDL Act and hence, seek bail.

2. The case of the prosecution is that due to dispute over celebrating temple festival on 02.09.2015, the accused attacked one Muthuvel and caused his death.

3. The learned counsel for the petitioners submitted that the petitioners are innocent and they have been falsely implicated in this case and the co-accused were already granted bail by this Court in Crl.O.P.(MD).No.20059 of 2015 dated 27.10.2015.

4. Per contra, the learned Government Advocate (Crl.side) would submit that the accused have attacked the deceased with deadly weapons and killed him on 03.09.2015.

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5. However, considering the facts and also considering the period of incarceration of the petitioners, this Court is inclined to grant bail to the petitioners with certain conditions. Accordingly, the petitioners are ordered to be released on bail on each of them executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) each with two sureties each for a like sum to the satisfaction of the learned Judicial Magistrate, Cheranmahadevi, Tirunelveli District and on further condition that the petitioners shall reside at Trichy and report before Balakarai Police Station twice a day at 10.00 a.m, and 05.00 p.m., until further orders. sd/- 28/10/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) TO 1 THE JUDICIAL MAGISTRATE, CHERANMAHADEVI.

2 DO THRO THE CHIEF JUDICIAL MAGISTRATE, THIRUNELVELI. 3 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI 4 THE INSPECTOR OF POLICE, PAPPAKUDI POLICE STATION, TIRUNELVELI DISTRICT.

5 THE SUPERINTENDENT, CENTRAL PRISON, PALAYAMKOTTAI. 6 THE OFFICER INCHARGE, BORSTAL SCHOOL, NANGUNERI, TIRUNELVELI. 7 THE OFFICER INCHARGE, BALAKARAI POLICE STATION, TRICHY. +1. CC to M/S S.LINGARASU Advocate SR.No.62802. TS/28.10.2015/2P - 9C NGM-SS/SAR -I ORDER IN CRL OP(MD) No.20602 of 2015 Date :28/10/2015 https://hcservices.ecourts.gov.in/hcservices/