Chinrasu v. The Insepector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Sixth day of November Two Thousand Fifteen PRESENT The Hon`ble Ms.Justice V.M.VELUMANI CRL OP(MD)Nos.21048 & 21049 of 2015 1 CHINRASU 2 SARAVANAKUMAR 3 MARUTHU PANDI ..PETITIONERS/ACCUSED (RANK NOT KNOWN) in Crl.OP(MD)No.21048/2015 C.KUMARAVEL ..PETITIONER/ACCUSED No.2 in Crl.OP(MD)No.21049/2015 Vs.

STATE REP.BY THE INSEPECTOR OF POLICE SEMPATTI POLICE STATION, DINDIGUL DISTRICT.

CR NO.294/2015 RESPECTIVELY ..RESPONDENT/COMPLAINANT For Petitioner : M/S K.MAHENDRAN Advocate in both the Petitions For Respondent : Mr.K.ANBARASAN, Government Advocate (Crl.Side) in both the Petitions PETITION FOR BAIL Under Sec. 439 Cr.P.C.

ORDER : The Court Made the following order :- The petitioners/accused who were arrested and remanded to judicial custody on 12.09.2015 and 16.09.2015 for the alleged offences punishable under Sections 147, 148, 341, 324 and 307 IPC, subsequently FIR was altered into under Sections 147, 148, 341 and 302 IPC in Crime No.294 of 2015 on the file of the respondent police and hence, seek anticipatory bail.

2.The case of the prosecution is that due to previous enmity, the petitioner and other accused attacked with deadly weapons and caused injury to the deceased and subsequently, he died and thereby they committed the offence under Sections as stated above. 3.According to the petitioner, the injury caused only in the lower part of the leg of the deceased and the deceased was not died due to the said injury and he died due to jaundice, for which, he was taking treatment. The co-accused were released on bail. He would further submit that the petitioners are innocent persons and they have not committed any offence and prays for bail in favour of the petitioners. The learned counsel appearing for the petitioner submitted that already co-accused were granted anticipatory bail by this court in Crl.OP(MD)No.18511 of 2015, 17609 and 20488 of 2015.

4.The learned Government Advocate (Crl.Side) filed counter affidavit stating that the investigation is in preliminary stage and if the petitioners are released on bail, they will tamper the investigation. https://hcservices.ecourts.gov.in/hcservices/

5.Considering the facts and circumstances of the case and also considering the fact that the co-accused was already granted bail, 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) with two sureties each for a like sum to the satisfaction of the learned Judicial Magistrate No.II, Dindigul and on further condition that the petitioners shall appear before the concerned Magistrate daily at 10.00 a.m., until further orders. sd/- 06/11/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) TO 1 THE JUDICIAL MAGISTRATE NO.II, DINDIGUL.

2 -do-thro'THE CHIEF JUDICIAL MAGISTRATE,DINDIGUL. 3 THE ADDL.PUBLIC PROSECUTOR,MADURAI BENCH OF MADRAS HIGH COURT,MADURAI. 4 THE INSEPECTOR OF POLICE, SEMPATTI POLICE STATION, DINDIGUL DISTRICT. 5 THE OFFICER IN CHARGE, DISTRICT PRISON, DINDIGUL. +2. CC to M/S K.MAHENDRAN Advocate SR.No.65180 & 65181 ORDER IN CRL OP(MD)Nos.21048 & 21049 of 2015 Date :06/11/2015 PBK/AAL-MPA/SAR-II 06/11/2015 ::2P-8C::

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