Sureshkukmar v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Twenty Third day of November Two Thousand Fifteen PRESENT The Hon`ble Ms.Justice V.M.VELUMANI CRL OP(MD) No.22085 of 2015 SURESHKUKMAR ... PETITIONER / ACCUSED NO.3 Vs THE STATE REP.BY THE INSPECTOR OF POLICE K. PARAMATHI POLICE STATION, KARUR, CR NO.186/2015 ... RESPONDENT / COMPLAINANT For Petitioner : M/S R.M.LOGANATHAN 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.3, who was arrested and remanded to judicial custody on 30.10.2015 for the alleged offences punishable under Sections 323 and 306 of the Indian Penal Code in Crime No.186 of 2015 on the file of the respondent police and hence, seeks bail.

2. The case of the prosecution is that there was a dispute between the accused and defacto complainant with regard to the operating of the mini bus in time schedule. On 29.10.2015, the deceased was standing near Athur Junction road and at that time, the petitioner along with other accused quarrelled with the deceased and accused Nos.1 and 2 assaulted the deceased and humiliated by the accused persons and committed suicide.

3. The case of the petitioner is that the petitioner is an innocent person and he has been falsely implicated in this case and there is no overt act against the petitioner. Already there is a dispute between two mini bus workers and the petitioner's name has been falsely implicated in the present complaint. The petitioner is in judicial custody from 30.10.2015.

4. The learned Government Advocate (Criminal Side) submitted that https://hcservices.ecourts.gov.in/hcservices/ the petitioner and other accused persons, due to operating of mini bus,

had humiliated the deceased and due to which, he had committed suicide.

5. Considering the facts and circumstances of the case, considering the nature of the offence and also considering the fact that the petitioner is in judicial custody from 30.10.2015, 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 No.2, Karur and on further condition that the petitioner shall appear before the respondent police daily at 10.00 a.m., until further orders. sd/- 23/11/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE NO.II KARUR 2 DO THRO THE CHEIF JUDICIAL MAGISTRATE KARUR DISTRICT 3 THE OFFICER INCHARGE SUB-JAIL KARUR 4 THE INSPECTOR OF POLICE K. PARAMATHI POLICE STATION, KARUR, 5 THE ADDITIONAL PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT MADURAI +1. CC to M/S R.M.LOGANATHAN Advocate SR.No.66928.

ORDER

IN CRL OP(MD) No.22085 of 2015 Date :23/11/2015 https://hcservices.ecourts.gov.in/hcservices/ AM/24.11.2015/MPA/SAR-I/2P/7C