Kannadasan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Thirtieth day of October Two Thousand Fifteen PRESENT The Hon`ble Mr Justice K.KALYANASUNDARAM CRL OP(MD) No.20849 of 2015 KANNADASAN ... PETITIONER/ACCUSED A2 Vs STATE REP.BY THE INSPECTOR OF POLICE THIRUKOKARNAM POLICE STATION, PUDUKKOTTAI DISTRICT.

CRIME NO. 284 OF 2015 ... RESPONDENT/COMPLAINANT For Petitioner : M/S M.RAMU 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 petitioner, who is A2 in Crime No.284 of 2015 for the offences punishable under Sections 294(b), 323 and 302 IPC on the file of the respondent Police, was arrested and remanded to judicial custody on 05.10.2015. He seeks bail.

2.According to the prosecution that on 02.10.2015, due to wage dispute, accused Nos.1 to 3 had assaulted one Kannan, who is working as a Supervisor in C.P.C.Company and at that time, the deceased, who is the father of the de facto complainant, intervened and all the accused had assaulted the deceased and kicked on his stomach and thereby caused his death.

3.The learned counsel for the petitioner submitted that the petitioner is a load-man and due to some dispute between the de facto complainant and the accused, the petitioner has been falsely roped in this case. It is further submitted that the occurrence had taken place on 02.10.2015, but, the complaint was given after two days ie., on 04.10.2015 without any explanation for the delay. 4.The learned Government Advocate (Crl.side) appearing for the https://hcservices.ecourts.gov.in/hcservices/ respondent Police submitted that as per the statement of the de facto

complainant, on 02.10.2015, the petitioner attacked the deceased on his stomach and he died after two days ie on 04.10.2015. It is further submitted that the deceased and the accused are load-man in C.P.C.company, which is situated at SIPCOT, Pudukkottai. 5.Considering the facts and circumstances of the case, this Court is inclined to grant bail to the petitioner with certain conditions. Accordingly, the petitioner is 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, Pudukkottai and on further condition that the petitioner shall appear before the respondent police daily at 10.00 a.m., until further orders. sd/- 30/10/2015 / TRUE COPY / Sub-Assistant Registrar TO 1 THE JUDICIAL MAGISTRATE, PUDUKKOTTAI.

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

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

4 THE SUPERINTENDENT, CENTRAL PRISON, TRICHY.

5 THE INSPECTOR OF POLICE THIRUKOKARNAM POLICE STATION, PUDUKKOTTAI DISTRICT.

+1. CC to M/S M.RAMU Advocate SR.No.64029 akm/30.10.2015 /2p-7c/

ORDER

IN CRL OP(MD) No.20849 of 2015 Date :30/10/2015 https://hcservices.ecourts.gov.in/hcservices/