S. Suresh v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Sixth day of November Two Thousand Fifteen PRESENT The Hon`ble Ms.Justice V.M.VELUMANI CRL OP(MD) No.21426 of 2015 S. SURESH ... PETITIONER/ 1st ACCUSED Vs THE STATE REP.BY THE INSPECTOR OF POLICE PARAMAKUDI TOWN POLICE STATION, RAMANATHAPURAM DISTRICT.
UNDER CR.NO. 359 OF 2015 ... RESPONDENT / COMPLAINANT For Petitioner : M/S K.R.LAXMAN 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.359 of 2015 on the file of the respondent police, was arrested on 22.09.2015 for the alleged offences punishable under Sections 147, 148, 452, 294(b), 324, 506(ii) and 307 of I.P.C. and subsequently, altered to Sections 294(b), 452, 324, 506(ii) and 302 of I.P.C., and hence, seeks bail.
2. The case of the prosecution is that on 22.09.2015, at the time of Vinayagar Chathurthi procession, the deceased attacked the petitioner with iron rod and caused injuries to the petitioner and hence, a case has been registered in Crime No.358 of 2015 for the offence under Sections 147, 148, 341, 294(b), 334, 336, 506(ii) and 307 of I.P.C. and on the very same day, the petitioner along with the other accused assaulted the deceased with lethal weapons and caused head injuries, due to which, the deceased Palanimurugan died and hence, the case has been altered to Sections 294(b), 452, 324, 506(ii) and 302 of I.P.C., in Crime No.359 of 2015.
3. The learned counsel for the petitioner submitted that due to previous enmity, a wordy quarrel arose between the accused and the deceased and the second accused murdered the deceased and the petitioner has not involved in the case of murder. It is further submitted that the co-accused was already granted anticipatory bail by this Court in Crl.O.P.(MD).No.19784 of 2015 dated 13.10.2015 https://hcservices.ecourts.gov.in/hcservices/
4. Heard the learned Government Advocate (Crl.side).
5. Considering the nature of the offence and also considering the fact that the petitioner is in custody from 22.09.2015 and the co-accused was already granted anticipatory bail by this Court, 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, Paramakudi and on further condition that the petitioner shall appear before the respondent police daily at 10.00 a.m. until further orders. sd/- 06/11/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1 THE JUDICIAL MAGISTRATE, PARAMAKUDI.
2 THE CHIEF JUDICIAL MAGISTRATE RAMANATHAPURAM.
3 THE ADDL.PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
4 THE INSPECTOR OF POLICE PARAMAKUDI TOWN POLICE STATION, RAMANATHAPURAM DISTRICT.
5 THE OFFICER INCHARGE, DISTRICT PRISON , RAMANATHAPURAM.
+1. CC to M/S K.R.LAXMAN Advocate SR.No.65204
ORDER
IN CRL OP(MD) No.21426 of 2015 Date :06/11/2015 RG/AAL-MPA/SAR-II 06.11.2015 2P:7C.
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