Sambath v. The Sub Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Twenty Third day of November Two Thousand Fifteen PRESENT The Hon`ble Ms.Justice V.M.VELUMANI CRL OP(MD) No.21130 of 2015 SAMBATH ... PETITIONER / ACCUSED No.3 Vs THE STATE REP.BY THE SUB INSPECTOR OF POLICE NAGUDI POLICE STATION, PUTHUKKOTTAI DISTRICT, CR NO.128 OF 2015 ... RESPONDENT/ COMPLAINANT For Petitioner : M/S R.MURUGAN Advocate For Respondent : Mr.K.Anbarasan Government Advocate (Crl.Side) PETITION FOR BAIL Under Sec. 439 Cr.P.C.
ORDER : The Court Made the following order :- The petitioner/Accused No.3, who was arrested and remanded to judicial custody on 01.10.2015 for the alleged offence punishable under Section 302 of the Indian Penal Code in Crime No.128 of 2015 on the file of the respondent police and hence, seeks bail.
2. The case of the prosecution is that on 25.09.2015 one Logeswari was murdered. Originally, one Ramarajan was arrayed as an accused, subsequently, on the basis of the investigation, they came to know that the petitioner and other accused have committed murder of the deceased and the case has been altered into Section 302 of the Indian Penal Code altered into Sections 120(b), 449, 342 and 302 of the Indian Penal Code.
3. The learned counsel for the petitioner submitted that the petitioner was arrested and remanded to judicial custody on 01.10.2015 and he his in judicial custody for more than 50 days. The learned counsel further submitted that he is an innocent person and he has been falsely implicated in this case and he has not committed any offence.
4. The learned Government Advocate (Criminal Side) submitted that A1 and the victim girl are lovers and on coming to know that the victim is having relationship with one Ramarajan, and avoiding A1 the accused persons have murdered the victim on 25.09.2015. Originally the case was registered under Section 302 of the Indian Penal Code and subsequently, it was altered into Sections 120(b), 449, 342 and 302 of the Indian Penal Code.
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5. Considering the facts and circumstances of the case and also considering the fact that the petitioner is in judicial custody from 01.10.2015, 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, Aranthangi and on further condition that the petitioner shall appear before the Ramanathapuram Bazaar Police Station daily at 5.30 p.m., until further orders. sd/- 23/11/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1 THE JUDICIAL MAGISTRATE, ARANTHANGI.
2 DO THRO THE CHIEF JUDICIAL MAGISTRATE, PUDUKOTTAI. 3 3 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI 4 THE SUB INSPECTOR OF POLICE, NAGUDI POLICE STATION, PUTHUKKOTTAI DISTRICT.
5 THE OFFICER INCHARGE, BAZAAR POLICE STATION, RAMANATHAPURAM, 6 THE OFFICER INCHARGE, BOSTER SCHOOL, THANJAVUR. +1. CC to M/S R.MURUGAN Advocate SR.No. 66747. TS/23.11.2015/2P-8C/GSV-PM/SAR I
ORDER
IN CRL OP(MD) No.21130 of 2015 Date :23/11/2015 https://hcservices.ecourts.gov.in/hcservices/