Palanisamy v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Fourth day of November Two Thousand Fifteen PRESENT The Hon`ble Ms.Justice V.M.VELUMANI CRL OP(MD) No.21204 of 2015 PALANISAMY ... PETITIONERS / ACCUSED NO.1 Vs 1 THE INSPECTOR OF POLICE THOGAMALAI POLICE STATION, KARUR DISTRICT.
(CRIME NO. 382 OF 2015) ... RESPONDENT / COMPLAINANT For Petitioner : M/S P.T.RAMESH RAJA 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/Accused No.1, who was arrested and remanded to judicial custody on 14.09.2015 for the alleged offences punishable under Sections 302 and 324 of IPC, in Crime No.382 of 2015 on the file of the respondent police and hence, seeks bail.
2.The case of the prosecution is that the accused and the deceased are neighbours and the accused sought permission from the defacto complainant for getting electricity line for his Well and pumpset through his agricultural land. For that, the defacto complainant informed the petitioner that he will give permission only if the petitioner agrees to remove the shed erected by the petitioner in the land belongs to the deceased, who is the father of the defacto complainant. While so, on 12.09.2015 at about 8.00 p.m., the accused gone to the house of the defacto complainant and attacked the deceased with iron rod on his head and A-2 and A-3 threw chilli powder on the eye of the defacto complainant and also caused injuries.
3. The learned counsel for the petitioner submitted that due to land dispute, quarrel arose between the accused and the deceased, which lead to death. He further submitted that A-2 and A-3 were already released on bail by this Court in Crl.O.P(MD)No.19712 of 2015, vide order dated 15.10.2015 and therefore, the petitioner may also be released on bail. 4.Heard the submissions made by the learned Government Advocate(Crl. Side) also.
5.Considering the facts and circumstances of the case and also considering the fact that the petitioner is in judicial custody from 14.09.2015, this Court is inclined to grant bail to the petitioner with certain conditions. Accordingly, the petitioner is ordered to be released https://hcservices.ecourts.gov.in/hcservices/
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 No.I, Kulithalai and on further condition that the petitioner shall appear before the respondent police daily at 10.00 a.m., and 5.00 p.m., until further orders. sd/- 04/11/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1 THE JUDICIAL MAGISTRATE NO.1 KULITHALAI, KARUR 2 DO THRO'THE CHIEF JUDICIAL MAGISTRATE KARUR 3 THE INSPECTOR OF POLICE THOGAMALAI POLICE STATION, KARUR DISTRICT.
4 THE THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT,MADURAI.
5.THE SUPERINTENDENT OF PRISON, CENTRAL PRISON, TRICHY. +1. CC to M/S P.T.RAMESH RAJA Advocate SR.No.64809 JAM 05/11/2015/NGM-SS/2P-7C
ORDER
IN CRL OP(MD) No.21204 of 2015 Date :04/11/2015 https://hcservices.ecourts.gov.in/hcservices/