Marimuthu v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Twenty Third day of December Two Thousand Fourteen PRESENT THE HON`BLE MR JUSTICE G.CHOCKALINGAM CRL OP(MD) No.21294 of 2014 MARIMUTHU ... PETITIONER / ACCUSED RANK NOT KNOWN Vs THE STATE REP.BY THE INSPECTOR OF POLICE, VEERA KERALAMPUDHUR POLICE STATION, TIRUNELVELI DISTRICT.

CRIME NO.9 OF 2014 ... RESPONDENT / COMPLAINANT For Petitioner : M/S.S.ANGAPPAN Advocate For Respondent : MR.P.KANNITHEVAN, Govt. Advocate (Criminal Side) PETITION FOR BAIL Under Sec. 439 Cr.P.C.

ORDER : The Court Made the following order :- The petitioner, who is arrayed as an accused and he was arrested and remanded to judicial custody on 06.11.2014 for the alleged offence punishable under sections 302, 506(ii) of IPC r/w 34 of IPC in Crime No.9 of 2014 on the file of the respondent police and hence, seeks bail.

2.The case of the prosecution is that on 21.01.2014 due to previous enmity, the accused persons attacked the deceased Mariyappan with aruval and caused his death.

3.The learned counsel appearing for the petitioner submitted that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution. He further submitted that the petitioner is in judicial custody for more than 45 days and hence, the bail petition has to be allowed.

https://hcservices.ecourts.gov.in/hcservices/ 4.Heard the learned Government Advocate (Criminal side) appearing for the respondent.

5.Considering the facts and circumstances of the case and also considering the fact that the petitioner is in jail for more than 45 days, this court is inclined to enlarge the petitioner on bail with certain conditions.

6.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, Shencottah and on further condition that petitioner shall appear before the court concerned daily at 10.30 a.m. and 05.00 p.m. until further orders. sd/- 23/12/2014 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE, SHENCOTTAH, TIRUNELVELI DISTRICT. 2 -DO-THRO' THE CHIEF JUDICIAL MAGISTRATE, TIRUNELVELI. 3 THE INSPECTOR OF POLICE, VEERA KERALAMPUDHUR POLICE STATION, TIRUNELVELI DISTRICT.

4 THE SUPERINTENDENT, CENTRAL PRISON, PALAYAMKOTTAI, TIRUNELVELI DISTRICT.

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

+1. CC to M/S.S.ANGAPPAN, Advocate SR.No.69061. ORDER IN CRL OP(MD) No.21294 of 2014 Date :23/12/2014 msm 26.12.2014 p2/7c https://hcservices.ecourts.gov.in/hcservices/