Periyakaruppu v. Deputy Superintendent Of
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Seventh day of April Two Thousand Fifteen PRESENT THE HON`BLE MR JUSTICE K.KALYANASUNDARAM CRL OP(MD) Nos.4204 & 4700 of 2015 PERIYAKARUPPU ... PETITIONER / 12th ACCUSED IN CRL.OP(MD)NO.4204 OF 2015 KANNAN ... PETITIONER / 11th ACCUSED IN CRL.OP(MD)NO.4700 OF 2015 Vs THE STATE REP.BY DEPUTY SUPERINTENDENT OF POLICE, KALLIGUDI POLICE STATION, ... RESPONDENT / COMPLAINANT (IN CRIME NO.12/2015) IN CRL.OP(MD)NO.4204 OF 2015 THE STATE REP.BY THE SUB-INSPECTOR OF POLICE, KALLIKUDI POLICE STATION, THIRUMANGALAM TALUK, MADURAI DISTRICT.
... RESPONDENT / COMPLAINANT (IN CRIME NO.12/2015) IN CRL.OP(MD)NO.4700 OF 2015 For Petitioner : M/S.V.MAHARAJAN, Advocate in IN CRL.OP(MD)NO.4204 OF 2015 For Petitioner : M/S.P.GANAPATHY SUBRAMANIAN, Advocate in IN CRL.OP(MD)NO.4700 OF 2015 For Respondent : M/S.K.V.RAJARAJAN, Govt. Advocate (Crl.Side) in both petitions PETITIONS FOR BAIL Under Sec. 439 Cr.P.C.
ORDER : The Court Made the following order :- The petitioners, who are arrayed as accused Nos.11 and 12 were arrested and remanded to judicial custody for the alleged offences punishable under Sections 323, 307 IPC r/w Sections 3(i) (v) of SCST P.O.A. 1989 and then altered into Sections 147, 148, 323, 307, 302 IPC r/w Section 3(2)(v) of SC/St Act in Crime No.12 of 2015 on the file of the respondent police and hence, seek bail. 2.The case of the prosecution is that the petitioners had attacked four persons and one of them succumbed to injuries. 3.The learned counsel for the petitioners would submit that the petitioners are innocent and they have been falsely implicated in https://hcservices.ecourts.gov.in/hcservices/ this case. It is further submitted that even as per the case of the prosecution, the first accused is said to have attacked the deceased
and overt acts attributed against these petitioners is that the accused No.11 attacked one Vettai on his hand with stick and there is no specific overt act against the accused No.12.
4. The learned Government Advocate (crl. side) appearing for the respondent police submitted that the first accused was secured and he has been remanded to judicial custody and the investigation is almost over. The prosecution is awaiting for chemical analysis report to file a charge sheet.
5. Considering the facts and circumstances of the case, this Court is inclined to grant bail to the petitioners with certain conditions. 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 III Additional District Judge (PCR), Madurai, Madurai District and on further condition that the petitioners shall appear before the respondent police daily at 10.00 a.m., until further orders.
sd/- 07/04/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1 THE III ADDITIONAL DISTRICT JUDGE, (PCR), MADURAI. 2 DEPUTY SUPERINTENDENT OF POLICE, KALLIGUDI POLICE STATION, 3 THE SUB-INSPECTOR OF POLICE, KALLIKUDI POLICE STATION, THIRUMANGALAM TALUK, MADURAI DISTRICT.
4 THE OFFICER IN-CHARGE, BORSTAL SCHOOL, MELUR, MADURAI DISTRICT. 5 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1CC TO MR.V.MAHARAJAN, ADVOCATE, IN SR. NO.17225. +1CC TO MR.P.GANAPATHY SUBRAMANIAN, ADVOCATE, IN SR. NO.17260. ORDER IN CRL OP(MD) Nos.4204 & 4700 of 2015 msm 07.04.2015 p2/8c(IT) Date :07/04/2015 https://hcservices.ecourts.gov.in/hcservices/