Kannan v. The Inspector Of Police
CRL OP(MD). No.3371 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 28/02/2020 PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN CRL OP(MD). No.3371 of 2020 Kannan ... Petitioner/Accused Rank Not Known Vs.
State, rep.by The Inspector of Police, Keeranur Police Station, Pudukkottai.
in Criime No.21/2020 ... Respondent/Complainant For Petitioner : Mr.N.Ananthapadmanabhan, Advocate M/s.APN Law Associates, For Respondent : M/s.Ananthadevi, Government Advocate (Crl.Side) PETITION FOR BAIL Under Sec.439 of Cr.P.C.
PRAYER :- For Bail in Crime No. 21/2020 on the file of the Respondent Police.
ORDER : The Court made the following order :- Heard the learned counsel appearing for the petitioner and the learned Government Advocate(Crl. Side) appearing for the respondent. 2.The petitioner is in custody since 28.01.2020 for the offences under Sections 147, 148 and 302 IPC in Crime No.21 of 2020 on the file of the Keeranur Police Station, Pudukottai. He seeks bail.
3.The case of the prosecution is that one Veerachamy and his son Muthu were done to death last year and that one Krishnamoorthy was figuring as the main accused in that case. The said Krishnamoorthy was killed by way of retaliation on 22.01.2020 at about 07.15 A.M when he was taking tea in a tea shop. In that connection, the petitioner herein has been arrested. 4.The learned counsel for the petitioner states that in the FIR, 18 persons have been implicated and out of them, 9 persons have been named. The petitioner herein is not the one among those 18 https://hcservices.ecourts.gov.in/hcservices/ 1/2
CRL OP(MD). No.3371 of 2020 persons. The learned counsel for the petitioner firmly asserts that the petitioner is not related to any of the accused. The petitioner is said to be a sales representative in a Tractor show room. It is true that there was a telephonic conversation between the petitioner and some of the accused. On that basis, the prosecution has sought to implicate the petitioner herein. The petitioner's counsel states that on the said date the petitioner was very much in Ellis Nagar, Madurai. The petitioner is not having any previous case. 4.Considering these aspects, I am inclined to enlarge the petitioner herein on bail with certain conditions. Accordingly, the petitioner is ordered to be released on bail, subject to the following conditions;
(i)the petitioner shall execute 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 Judicial Magistrate Court, Keeranur. (ii)the petitioner is directed to appear before the respondent police as and when required for the interrogation. (iii)on breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioner in accordance with law as if the conditions have been imposed and the petitioner 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/- 28/02/2020 / TRUE COPY / / /2020 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO
1. THE JUDICIAL MAGISTRATE, KEERANUR.
2. DO-THROUGH THE CHIEF JUDICIAL MAGISTRATE, PUDUKKOTTAI DISTRICT.
3. THE OFFICER INCHARGE, DISTRICT PRISON, PUDUKKOTTAI.
4. THE INSPECTOR OF POLICE, KEERANUR POLICE STATION, PUDUKKOTTAI.
5. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. +1 CC to M/s.APN LAW ASSOCIATES, Advocate ( SR-4363[I] dated 28/02/2020 )
ORDER
IN CRL OP(MD) No.3371 of 2020 Date :28/02/2020 MS/PN/SAR-2/28.02.2020/2P.7C https://hcservices.ecourts.gov.in/hcservices/ 2/2