Sakthivel v. The Sub Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Third day of November Two Thousand Fifteen PRESENT The Hon`ble Ms.Justice V.M.VELUMANI CRL OP(MD) No.21061 of 2015 1 SAKTHIVEL 2 MURUGESAN 3 SENTHIL ... PETITIONERS / ACCUSED A2,3 & 4 Vs State Rep.by THE SUB INSPECTOR OF POLICE PALANI TALUK POLICE STATION, DINDIGUL DISTRICT.

(CR.NO. 721 OF 2015) ... RESPONDENT / COMPLAINANT For Petitioner : M/S K.MATHAN Advocate For Respondent : Mr.K.Anbarasan, Govt. Advocate ( Crl. Side) PETITION FOR BAIL Under Sec. 439 Cr.P.C.

ORDER : The Court Made the following order :- The petitioners/accused Nos.2, 3 and 4, who were arrested and remanded to judicial custody on 18.08.2015 for the alleged offences punishable under Sections 294(b), 307 and 506(ii) IPC altered into Section 302 IPC, in Crime No.721 of 2015 on the file of the respondent police and hence, seek bail.

2.The case of the prosecution is that on 17.08.2015, the deceased Kumaresan, son of the defacto complainant was walking near Krishnapuram Colony. At that time, the petitioners and other persons, who were in drunken mood, attacked the deceased with aruval and caused the death of the deceased, thereby they have committed the offence under Sections 294 (b), 307 and 506(ii) IPC altered into Section 302 IPC in Crime No.721 of 2015.

3.It is submitted by the learned counsel for the petitioner that the petitioners have been falsely implicated in this case and they have not committed any offence. He has also submitted that the petitioner is in judicial custody for more than 78 days.

4.The learned Government Advocate (Crl.Side) has raised objected stating that the petitioners at the influence of alcohol had attacked the deceased and caused death and that the investigation is pending. 5.Considering the facts and circumstances of the case and also considering the gravity of the offence coupled with the submission made by the learned Government Advocate (crl. side), this Criminal Original Petition is dismissed.

sd/- 03/11/2015 / TRUE COPY / https://hcservices.ecourts.gov.in/hcservices/ Sub-Assistant Registrar (C.S.)

TO 1 THE OFFICER INCHARGE,SUB JAIL, DINDIGUL 2 THE SUB INSPECTOR OF POLICE PALANI TALUK POLICE STATION, DINDIGUL DISTRICT.

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

sm:KBM:SAR II:06.11.2015:2P/4C

ORDER

IN CRL OP(MD) No.21061 of 2015 Date :03/11/2015 https://hcservices.ecourts.gov.in/hcservices/