Antony Thangadurai v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Eleventh day of December Two Thousand Fifteen PRESENT The Hon`ble Ms.Justice V.M.VELUMANI CRL OP(MD) No.23188 of 2015 ANTONY THANGADURAI ... PETITIONER / SOLE ACCUSED Vs THE STATE REP.BY THE INSPECTOR OF POLICE THATTARMADAM POLICE STATION, SATHANKULAM TALUK, THOOTHUKUDI DISTRICT, CRIME NO.259 OF 2015. ... RESPONDENT / COMPLAINANT For Petitioner : M/S S.R.ANBARASU 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 the sole accused, in Crime No.259 of 2015 on the file of the respondent police, was arrested and remanded to judicial custody on 21.09.2015 for the alleged offences punishable under Sections 294(b),449,302,307 and 324 of IPC and hence, seeks bail.

2. The case of the prosecution is that on 21.09.2015, due to civil dispute, the petitioner armed with aruval and attacked the deceased and caused death and also caused injury to his sister.

3. The learned counsel appearing for the petitioner submitted that the petitioner is the son of the deceased. Before the marriage, the petitioner maintained the deceased mother. The petitioner put up a Thatched shed in 3 cents of the land, belonging to the mother. Subsequently, at the instigations of the daughters, the mother gave a complaint against the petitioner, before the respondent police and therefore, the respondent police asked the petitioner to vacate the thatched shed and handover the possession to the mother. He further submitted the petitioner is innocent person and he has been falsely implicated in this case. He has not committed any offence as alleged by prosecution.

4. The learned Government Advocate (Crl. Side) submitted that due to civil dispute, the petitioner trespassed into the house of the deceased with deadly weapons and attacked the deceased and also caused injuries to the sister. He further submitted that it is a case of double murder.

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5. Considering the facts and circumstances of the case and also considering the fact that the petitioner is none other than the son of the deceased and that the petitioner is in judicial custody form 21.09.2015, 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, Sathankulam and on further condition that the petitioner shall appear before the respondent Police daily at 10.00 am until further orders.

sd/- 11/12/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE SATHANKULAM 2 DO THRO THE CHEIF JUDICIAL MAGISTRATE TUTICORIN DISTRICT 3 THE OFFICER INCHARGE, DISTRICT JAIL SRIVAIKUNDAM 4 THE INSPECTOR OF POLICE THATTARMADAM POLICE STATION, SATHANKULAM TALUK, THOOTHUKUDI DISTRICT, 5 THE ADDITIONAL PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S S.R.ANBARASU Advocate SR.No.71234.

ORDER

IN CRL OP(MD) No.23188 of 2015 Date :11/12/2015 AM/11.12.2015/JGB.DP/SAR-I/2P/7C https://hcservices.ecourts.gov.in/hcservices/