Boobalan v. The Sub Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the First day of December Two Thousand Fifteen PRESENT The Hon`ble Ms.Justice V.M.VELUMANI CRL OP(MD) No.22699 of 2015 BOOBALAN ... PETITIONER/ACCUSED RANK NOT KNOWN Vs STATE REP.BY THE SUB INSPECTOR OF POLICE VELLANUR POLICE STATION, PUDUKOTTAI DISTRICT, CRIME NO.24 OF 2015. ... RESPONDENT/COMPLAINANT For Petitioner : M/S.M.RAMU Advocate For Respondent : MR.K.ANBARASAN, Government Advocate ( Crl. Side) PETITION FOR BAIL Under Sec. 439 Cr.P.C.

ORDER : The Court Made the following order :- The petitioner, who is the accused, in Crime No.24 of 2015 on the file of the respondent police, was arrested and remanded to judicial custody on 06.10.2015 for the alleged offences punishable under Sections 147,148,307 and 302 of IPC and hence, seeks bail.

2. The case of the prosecution is that due to previous enmity, on 24.09.2015, the petitioner and other accused persons attacked one Manikandaprabhu, son of the de facto complainant and murdered him. On the complaint, a case has been registered by the respondent police.

3. The learned counsel appearing for the petitioner submitted that the petitioner is an innocent and he has not committed any such offence as alleged by the prosecution. He further submitted that the accused persons used the petitioner's vehicle without his knowledge and hence, on apprehension, he surrendered before the learned Judicial Magistrate, Trichy, on 06.10.2015. Since the petitioner is in judicial custody from 06.10.2015, the learned counsel pray for granting of bail to the petitioner.

4. The learned Government Advocate (Crl. Side) would submit that the co-accused were already arrested and enlarged on bail by this Court in Crl.O.P(MD).Nos.20747 of 2015 and 22146 of 2015, vide order, dated 29.10.2015 and 24.11.2015 respectively.

5. Considering the facts and circumstances of the case and also considering the fact that the co-accused were already arrested and enlarged on bail, 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, Pudukkottai https://hcservices.ecourts.gov.in/hcservices/

and on further condition that the petitioner shall stay at Villupuram and report before the Villupuram Town Police Station daily at 10.00 am until further orders.

sd/- 01/12/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE ,PADUKKOTTAI.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE,PUDUKKOTTAI DISTRICT. 3 THE SUB INSPECTOR OF POLICE, VELLANUR POLICE STATION, PUDUKOTTAI DISTRICT.

4 THE SUB INSPECTOR OF POLICE, VILLUPURAM TOWN POLICE STATION, VILLUPURAM DISTRICT.

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

6 THE SUPERINTENDENT, CENTRAL PRISON, TRICHY. +1. CC to M/S.M.RAMU Advocate SR.No.68627 CSL/PM/SAR-I/02.12.2015/2P/8C

ORDER

IN CRL OP(MD) No.22699 of 2015 Date :01/12/2015 https://hcservices.ecourts.gov.in/hcservices/