G. Kalimuth v. The Inspector Of Polcie
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Nineteenth day of November Two Thousand Fifteen PRESENT The Hon`ble Ms.Justice V.M.VELUMANI CRL OP(MD) No.21165 of 2015 G.KALIMUTHU ... PETITIONER/ACCUSED Vs.
STATE REP.BY THE INSPECTOR OF POLCIE THEVARAM POLICE STATION, THENI DISTRICT.
CR NO.324 OF 2015 ... RESPONDENT/COMPLAINANT For Petitioner : M/S R.MANICKAM 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 petitioner, who is arrayed as accused, in Crime No.324 of 2015 on the file of the respondent police, was arrested on 03.09.2015 for the alleged offence punishable under Section 174 of Cr.P.C., subsequently altered to 302 of I.P.C., and hence, seeks bail.
2. The case of the prosecution is that the deceased had illicit intimacy with the wife of the petitioner due to which, the petitioner attacked the deceased with iron rod and murdered him.
3. The learned counsel for the petitioner submitted that the petitioner is no way connected with the crime and the deceased died suspiciously and originally, the F.I.R. was registered under Section 174 of Cr.P.C., for suspicious death and subsequently altered to 302 of I.P.C. The petitioner is in judicial custody from 03.09.2015 for more than 75 days.
4. The learned Government Advocate (Crl.side) submitted that the petitioner attacked the deceased with iron road and murdered him and the case was registered under Section 174 Cr.P.C., and subsequently, it was altered to 302 I.P.C. and the investigation is pending.
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5. Taking into consideration the facts and circumstances of the case and the petitioner is in judicial custody from 03.09.2015, 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) each with two sureties each for a like sum to the satisfaction of the learned Judicial Magistrate, Bodinaikanur and on further condition that the petitioner shall appear before the respondent police daily at 10.00 a.m. until further orders. sd/- 19/11/2015 / TRUE COPY / Sub-Assistant Registrar TO 1 THE JUDICIAL MAGISTRATE, BODINAIKANUR.
2 -DO- THRO' THE CHIEF JUDICIAL MAGISTRATE THENI.
3 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
4 THE SUPERINTENDENT, CENTRAL PRISON, MADURAI.
5 THE INSPECTOR OF POLCIE THEVARAM POLICE STATION, THENI DISTRICT.
+1. CC to M/S R.MANICKAM Advocate SR.No.66377 akm/19.11.2015 /2p-7c/
ORDER
IN CRL OP(MD) No.21165 of 2015 Date :19/11/2015 https://hcservices.ecourts.gov.in/hcservices/