K. Ramasamy v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Second day of February Two Thousand Fifteen PRESENT The Hon`ble Mr. Justice P.N.PRAKASH CRL OP(MD) No.23763 of 2014 1 K. RAMASAMY 2 A. SAMIYATHAL 3 R. THANGARAJ ... PETITIONERS/ACCUSED 1 TO 3 Vs STATE.REP.BY THE INSPECTOR OF POLICE KALLIMANDAYAM POLICE STATION, KALLIMANDAYAM, ODDANCHATHIRAM TALUK, DINDIGUL DT, CRIME NO.179/2014 ... RESPONDENT/COMPLAINANT For Petitioner : M/S.S.R.SURESHKUMAR Advocate For Respondent : MR.A.P.BALASUBRAMANI, Govt. Advocate ( Crl. Side) PETITION FOR BAIL Under Sec. 439 Cr.P.C.

ORDER : The Court Made the following order :- The petitioners, who were arrested and remanded to judicial custody on 10.12.2014 for the offences punishable under Sections 341, 294(b) and 302 IPC in Crime No.179 of 2014 on the file of the respondent police, seek bail.

2. It is the case of the prosecution that the deceased is the son-in-law of the first petitioner and the husband of the 2nd petitioner. The deceased was married to the 2nd petitioner about 12 years back and they have two children. While so, there appears to have been matrimonial discord between the 2nd petitioner and the deceased husband. On the fateful day, i.e. on 10.12.2014, the deceased had gone to the house of the 2nd petitioner, where a quarrel ensued, in which, it is alleged that all the petitioners had attacked the deceased with stones and wooden log. The deceased succumbed to injuries on the spot. It is also stated that the petitioners surrendered before the police immediately. Having regard to the facts and circumstances of the case, I am inclined to grant bail to this petitioners. https://hcservices.ecourts.gov.in/hcservices/

3. Accordingly, the petitioners are ordered to be released on bail on their 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, Oddanchathiram, and on further condition that:

[a] the petitioners 1 and 3 shall report before the respondent police twice a day daily at 10.30 a.m. and 6.30p.m. for a period of four weeks and thereafter as and when required for interrogation. The 2nd petitioner shall report before the respondent police as and when required for interrogation.

[b] the petitioners shall not tamper with evidence or witness either during investigation or trial.

[c] the petitioners shall not abscond either during investigation or trial.

[d] On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioners in accordance with law as if the conditions have been imposed and the petitioners released on bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560]. sd/- 02/02/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) TO 1.

THE JUDICIAL MAGISTRATE,ODDANCHTIRAM.

2.

DO-THRO' THE chief JUDICIAL MAGISTRATE,DINDIGUL. 3.

THE OFFICER INCHARGE,DISTRICT JAIL,DINDIGUL.

4.

THE OFFICER INCHARGE,WOMEN PRISON,TRICHY.

THE INSPECTOR OF POLICE KALLIMANDAYAM POLICE STATION, KALLIMANDAYAM, ODDANCHATHIRAM TALUK, DINDIGUL DT.

THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S.S.R.SURESHKUMAR Advocate SR.No.4462

ORDER

IN CRL OP(MD) No.23763 of 2014 Date :02/02/2015 PA/02.02.15/2P/8C https://hcservices.ecourts.gov.in/hcservices/