Sivanath 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.23522 of 2015 SIVANATH ... PETITIONER/ACCUSED NO.4 Vs THE STATE REP.BY THE INSPECTOR OF POLICE TOWN NORTH POLICE STATION, DINDIGUL, DINDIGUL DISTRICT.
(CRIME NO. 1085 OF 2015) ... RESPONDENT / COMPLAINANT For Petitioner : M/S D.SELVARAJ 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. 4, in Crime No.1085 of 2015 on the file of the respondent police, was arrested and remanded to judicial custody on 25.09.2015 for the alleged offences punishable under Sections 147,148,341,302 of IPC @ 147,148,341,302, 506(ii) r/w. 120(b) of IPC and hence, seeks bail.
2. The case of the prosecution is that on 21.09.2015 at about 11.50 am in Union Office road opposite to the Press Club Dindigul, due to previous motive the petitioner along with other accused unlawfully assembled with deadly weapons and attacked the deceased and his mother and committed murder of the deceased and also threatened the mother of the defacto complainant with dire consequences.
3. The learned counsel appearing for the petitioner submitted that the petitioner is innocent person and he has not committed any offence as alleged by the prosecution and he further submitted that co-accused viz., A6 and A5 were already enlarged on bail by this Court in Crl.O.P(MD). Nos.21904 of 2015, 21421 of 2015 dated 20.11.2015 and 23.11.2015 respectively.
4. The learned Government Advocate (Crl. Side) submitted that the investigation is completed and the charge sheet is yet to be filed.
5. Considering the facts and circumstances of the case and also considering the fact that the alleged occurrence took place on 21.09.2015; that the investigation is completed and that the co-accused https://hcservices.ecourts.gov.in/hcservices/
were already granted 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-II, Dindigul 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 NO.II, DINDIGUL 2 DO THRO THE CHEIF JUDICIAL MAGISTRATE DINDIGUL DISTRICTI 3 THE OFFICER INCHARGE, DISTRICT PRISON DINDIGUL 4 THE INSPECTOR OF POLICE TOWN NORTH POLICE STATION, DINDIGUL, DINDIGUL DISTRICT.
5 THE ADDITIONAL PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1. CC to M/S D.SELVARAJ Advocate SR.No.71029.
ORDER
IN CRL OP(MD) No.23522 of 2015 Date :11/12/2015 AM/11.12.2015/JGB.DP/SAR-I/2P/7C https://hcservices.ecourts.gov.in/hcservices/