K.Sundar v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Second day of December Two Thousand Fifteen PRESENT The Hon`ble Ms.Justice V.M.VELUMANI CRL OP(MD) No.22456 of 2015 K.SUNDAR ... PETITIONER/ACCUSED NO.1 Vs.
STATE REP.BY THE INSPECTOR OF POLICE VICKRAMASINGAPURAM POLICE STATION, TIRUNELVELI DISTRICT.
CR.NO.178 OF 2015 ... RESPONDENT / COMPLAINANT For Petitioner : M/S.M.MARAN 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 A1, in Crime No.178 of 2015 on the file of the respondent police, was arrested on 03.08.2015 for the alleged offences punishable under Sections 294(b), 342, 323, 324 and 506(ii) of I.P.C., @ 342 and 302 of I.P.C., and hence, seeks bail.
2. The case of the prosecution is that on 02.08.2015 at 11.30 p.m., the petitioner and one Chinnadurai/A2 attacked the deceased with knife and wood and due to which, he sustained injuries and he was admitted in Ambasamudram Govt. Hospital and thereafter shifted to Tirunelveli Medical College Hospital for further treatment and on 06.08.2015, the deceased was died.
3. The learned counsel for the petitioner submitted that the deceased lodged a complaint against the petitioner due to that enmity, the petitioner was falsely implicated in this case.
4. The learned Government Advocate (Crl.side) submitted that previously the deceased gave a complaint against the petitioner and the petitioner threatened the deceased to withdraw the complaint due https://hcservices.ecourts.gov.in/hcservices/ to which, the petitioner and A2 attacked the deceased and caused injuries and on 06.08.2015, the deceased was died.
5. The petitioner is in judicial custody from 03.08.2015. The learned counsel for the petitioner submitted that already the co-accused was arrested and released on bail in Cr.M.P.No.7128 of 2015 on 27.11.2015.
6.Considering the facts and circumstances of the case and also considering the fact that the petitioner is in judicial custody from 03.08.2015 and two eye witnesses have been examined by the respondent police, 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, Ambasamudram, Tirunelveli District and on further condition that the petitioner shall appear before the respondent police daily at 10.00 a.m. until further orders.
sd/- 02/12/2015 / TRUE COPY / Sub-Assistant Registrar TO 1 THE JUDICIAL MAGISTRATE, AMBASAMUDRAM, TIRUNELVELI DISTRICT. 2 -DO- THRO' THE CHIEF JUDICIAL MAGISTRATE, TIRUNELVELI. 3 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
4 THE SUPERINTENDENT, CENTRAL PRISON, PALAYAMKOTTAI. 5 THE INSPECTOR OF POLICE VICKRAMASINGAPURAM POLICE STATION, TIRUNELVELI DISTRICT.
+1. CC to M/S.M.MARAN Advocate SR.No.68863 akm/01.12.2015 /2p-7c/
ORDER
IN CRL OP(MD) No.22456 of 2015 Date :02/12/2015 https://hcservices.ecourts.gov.in/hcservices/