Krishnasamy v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Twentieth day of January Two Thousand Fifteen PRESENT The Hon`ble Mr Justice P.N.PRAKASH CRL OP(MD) No.23959 of 2014 1 KRISHNASAMY 2 GANESAN ... PETITIONERS/ACCUSED NO.3 & 4 Vs THE STATE REP BY THE INSPECTOR OF POLICE SIVAKASI TOWN POLICE STATION, VIRUDHUNAGAR DISTRICT.

CRIME NO.588/2014 ... RESPONDENT/COMPLAINANT For Petitioner : M/S. G. MARIMUTHU Advocate For Respondent : M/S.S.PRABHA, Government 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 30.10.2014 for the offences punishable under Sections 341 and 302 IPC in Crime No.588 of 2014 on the file of the respondent police, seek bail.

2. The case of the prosecution is that one Muniyasamy (A1) had given his sister Ponnuthai in marriage to Muniyandi (deceased) and Ponnuthai had committed suicide on 11.06.2014 and Muniyasamy felt that his sister committed suicide on account of the ill-treatment meted out her by her husband Muniyandi and therefore, he wanted to avenge the death of his sister and with that motive it is alleged that Muniyasamy (A1) and Rajapandi(A2) had attacked the deceased on 28.01.2014 before the Panchayat Office and had committed the murder. As far as these petitioners are concerned they alleged to have informed the movements of the deceased as they were friends of Muniyasamy (A1).

3.The learned Government Advocate (criminal side) submits that there is no previous antecedent against the petitioners. The Investigating Officer is present.

4.Considering the facts and circumstances of the case and also considering the submission of the learned Government Advocate, this Court is inclined to grant bail to the petitioners. https://hcservices.ecourts.gov.in/hcservices/ 5.Accordingly, the petitioners are ordered to be released 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 like sum to the satisfaction of the learned Judicial Magistrate, Sivakasi and on further condition that:

[a] the petitioners shall report before the respondent police daily twice a day i.e., at 10.30 a.m. and 6.30 p.m. for a period of four weeks and thereafter 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/- 20/01/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE, SIVAKASI 2 -DO-THRO'THE CHIEF JUDICIAL MAGISTRATE VIRUDHUNAGAR AT SRIVILLIPUTTUR 3 THE INSPECTOR OF POLICE SIVAKASI TOWN POLICE STATION, VIRUDHUNAGAR DISTRICT.

4 THE OFFICER-IN-CHARGE DISTRICT PRISON, VIRUDHUNAGAR 5 THE ADDL.PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S. G. MARIMUTHU Advocate SR.No.2361

ORDER

IN CRL OP(MD) No.23959 of 2014 Date :20/01/2015 NA/21/01/2015/P2/7C https://hcservices.ecourts.gov.in/hcservices/