Satheesh v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Eighth day of April Two Thousand Fifteen PRESENT The Hon`ble Mr Justice K.KALYANASUNDARAM CRL OP(MD) No.6105 of 2015 SATHEESH ... PETITIONER /SOLE ACCUSED Vs THE STATE REP.BY THE INSPECTOR OF POLICE THENKARAI POLICE STATION, PERIYAKULAM, THENI DISTRICT.

CR. NO.21/2015.

... RESPONDENT/ COMPLAINANT For Petitioner : MR.A.PRASANNA RAJADURAI FOR M/S.S.MUTHALRAJ Advocate For Respondent : MR.K.V.RAJARAJAN, Govt. Advocate ( Crl. Side) PETITION FOR BAIL Under Sec. 439 Cr.P.C.

ORDER : The Court Made the following order :- The petitioner is the sole accused and he surrendered before the learned Judicial Magistrate, Periyakulam and remanded to judicial custody on 14.01.2015 for the alleged offence punishable under section 174 of Cr.P.C @ 302 of IPC, in Crime No.21 of 2015, on the file of the respondent police and hence, seeks bail.

2.The case of the prosecution is that the petitioner had illicit intimacy with the deceased Selvi and due to the torture given by her, the petitioner has done her to death.

3.The learned counsel appearing for the petitioner submitted that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution and only to avoid arrest, the petitioner appeared before the Village Administrative Officer, Melmangalam and thereafter, he also surrendered himself before the learned Judicial Magistrate, Periyakulam. It is further submitted that the petitioner has been in judicial custody for more than 75 days. 4.The learned Government Advocate (Criminal side) appearing for the respondent submitted that the petitioner is the sole accused and the major portion of the investigation is over and the police are awaiting for the Chemical Analysis report to file a charge sheet. 5.Considering the facts and circumstances of the case and also considering the fact that the petitioner is in jail since 14.01.2015, this Court is inclined to grant bail to the petitioner with certain conditions.

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6.Accordingly, the petitioner is ordered to be released on bail, on his executing a personal 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, Periyakulam and on further condition that the petitioner shall report before the respondent police daily at 10.00 a.m. until further orders.

sd/- 08/04/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1.THE JUDICIAL MAGISTRATE,PERIYAKULAM.

2.DO THRO THE CHIEF JUDICIAL MAGISTRATE, THENI. 3.THE ADDL. PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

4.THE SUPERINTENDENT CENTRAL PRISON, MADURAI. 5.THE INSPECTOR OF POLICE THENKARAI POLICE STATION, PERIYAKULAM, THENI DISTRICT. +1. CC to M/S.NA.PALANIYANDI,Advocate SR.No.17479

ORDER

IN CRL OP(MD) No.6105 of 2015 Date :08/04/2015 RG.08.04.2015 2P.7C.

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