Samidurai v. The Sub Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Fifth day of November Two Thousand Fifteen PRESENT The Hon`ble Ms.Justice V.M.VELUMANI CRL OP(MD) No.21318 of 2015 SAMIDURAI ... PETITIONER / ACCUSED No.1 Vs THE STATE REP.BY THE SUB INSPECTOR OF POLICE ACHANPUDUR POLICE STATION, TIRUNELVELI DISTRICT. (CRIME NO. 222/2015) ... RESPONDENT / COMPLAINANT For Petitioner : M/S POLAX LEGAL SOLUTIONS for M/S.PORKODIKARNAN 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 No.1, in Crime No.222 of 2015 on the file of the respondent police, was arrested on 18.08.2015 for the alleged offence punishable under Sections 147, 323 and 365 of I.P.C., and subsequently altered to 147, 148, 364, 302 and 201 of I.P.C. and hence, seeks bail.
2. The case of the prosecution is that due to previous enmity regarding seizure of petitioner's vehicle by the finance company, the petitioner along with the other accused kidnapped the deceased and attacked him with aruval and caused his death.
3. The learned counsel for the petitioner submitted that the petitioner is innocent and he has been falsely implicated in this case and he is in custody from 18.08.2015. It is further submitted that the coaccused viz., A2 was already granted anticipatory bail by this Court in Crl.O.P.(MD).No.20596 of 2015 on 29.10.2015.
4. Heard the learned Government Advocate (Crl.side).
5. Considering the facts and circumstances of the case and also considering the fact that the petitioner is in custody from 18.08.2015, 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, Senkottai and on further condition that the petitioner shall appear before the respondent police daily at 10.00 a.m. until further orders.
sd/- 05/11/2015 / TRUE COPY / https://hcservices.ecourts.gov.in/hcservices/ Sub-Assistant Registrar (C.S.)
TO 1 THE JUDICIAL MAGISTRATE, SENKOTTAI.
2 DO THRO THE CHIEF JUDICIAL MAGISTRATE, TIRUNELVELI. 3 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI 4 THE SUB INSPECTOR OF POLICE, ACHANPUDUR POLICE STATION, TIRUNELVELI DISTRICT.
5 THE SUPERINTENDENT , CENTRAL PRISON, PALAYAMKOTTAI. +1. CC to M/S POLAX LEGAL SOLUTIONS for M/S.PORKODIKARNAN Advocate SR.No. 64974. TS/05.11.2015/2P-7C/AAL-MPA/SAR II
ORDER
IN CRL OP(MD) No.21318 of 2015 Date :05/11/2015 https://hcservices.ecourts.gov.in/hcservices/