Madras High CourtCRL OP(MD)/23922/2014ordered

S.Sahabudeen v. The Inspector Of Police

2014-12-30Honourable Mr Justice R. Mahadevan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Thirtieth day of December Two Thousand Fourteen PRESENT The Hon`ble Mr Justice R.MAHADEVAN CRL OP(MD) No.23922 of 2014 1 S.SAHABUDEEN 2 ASARAF ALI 3 MOHAMED SALEEM 4 SYED ABUDAHIR ... PETITIONER(S) / ACCUSED 1 TO 4 Vs THE STATE REP. BY THE INSPECTOR OF POLICE ERWADI DURGAH POLICE STATION, RAMANATHAPURAM DISTRICT.

CRIME NO.145 OF 2014 ... RESPONDENT/ COMPLAINANT For Petitioner : M/S.R.JEGADEESWARAN Advocate For Respondent : Mrs.S.PRABHA Govt. Advocate ( Crl. Side) PETITION FOR BAIL Under Sec. 439 Cr.P.C.

ORDER : The Court Made the following order :- The petitioners are arrayed as A.1 to A.4 in Crime No.145 of 2014 on the file of the respondent police, for the offences punishable under Sections 341, 342 and 302 I.P.C. The petitioners were arrested and remanded to judicial custody on 13.11.2014. They have come forward with this petition seeking bail.

2. The learned Counsel for the petitioners submitted that the petitioners are innocent and they have not committed any offence as alleged in the F.I.R. and hence he seeks bail to the petitioners.

3. The learned Government Advocate (Crl.Side) submitted that due to previous motive, on 13.11.2014 when A.2 to A.4 caught hold of the deceased, A.1 stabbed him with knife and murdered him.

4. Considering the facts and circumstances of the case and considering the overt act attributed as against the petitioners 1 and 3/A.1 and A.3, this petition so far as the petitioners 1 and 3 concerned is dismissed.

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5. Considering the facts and circumstances of the case and considering the submissions made by both sides, this Court is inclined to grant bail to the petitioners 2 and 4 with certain conditions.

6. In the result, this petition is ordered and bail is granted to the petitioners 2 and 4 on the following conditions: - (i) The Petitioners 2 and 4 shall be enlarged on bail on each of them executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand Only) with two sureties each for a likesum to the satisfaction of the learned Judicial Magistrate No.II, Ramanathapuram; and (ii) The petitioners 2 and 4 shall report before the respondent police, daily twice at 10.30 a.m. and 05.30 p.m. until further orders. sd/- 30/12/2014 / TRUE COPY / Sub-Assistant Registrar (C.S.) TO 1 THE JUDICIAL MAGISTRATE, NO.II, RAMANATHAPURAM. 2 THE CHIEF JUDICIAL MAGISTRATE, RAMANATHAPURAM. 3 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI 4 THE INSPECTOR OF POLICE ERWADI DURGAH POLICE STATION, RAMANATHAPURAM DISTRICT. 5 THE OFFICER INCHARGE, DISTRICT PRISON, RAMANATHAPURAM. +1. CC to M/S.R.JEGADEESWARAN Advocate SR.No. 69195. TS/30.12.2014/2P-7C

ORDER

IN CRL OP(MD) No.23922 of 2014 Date :30/12/2014 https://hcservices.ecourts.gov.in/hcservices/