Seeni @ Seenivasakaraj v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Second day of February Two Thousand Fifteen PRESENT The Hon`ble Mr Justice P.N.PRAKASH CRL OP(MD) No.637 of 2015 SEENI @ SEENIVASAKARAJ ... PETITIONER/ACCUSED NO.3 Vs THE STATE REP BY THE INSPECTOR OF POLICE KENNIKARAI POLICE STATION, RAMNAD DT. CR.NO.249 OF 2014 ... RESPONDENT/COMPLAINANT For Petitioner : M/S.A.UTHAYAKUMAR Advocate For Respondent : Mr.A.P.BALASUBRAMANI, Govt. Advocate ( Crl. Side) PETITION FOR BAIL Under Sec. 439 Cr.P.C.

ORDER : The Court Made the following order :- The petitioner, who was arrested and remanded to judicial custody on 04.12.2014 for the offences punishable under Sections 302 altered into 302, 201, 202, 212, 342 & 120(B) IPC in Crime No.249 of 2014 on the file of the respondent police, seeks bail.

2. It is the case of the prosecution that the deceased Vinoth was in love with one Jeyalakshmi and Saravanan/A1 also loved her. On account of which, it is alleged that this petitioner, who is a classmate of the deceased, along with other classmates had attacked the deceased with stick and caused his death and threw his body on the ECR road. Initially, a case under Section 302 was registered against unknown accused. On 04.12.2014, one Pattimson (A4) was arrested and based on his confession, the involvement of this petitioner came to light and he was also arrested on the same day. It appears that A2 and A6 were granted bail by the Principal Sessions Court, in Crl.M.P.NO.3001 of 2014 and A3 has been granted bail by this Court on 30.01.2015 in Crl.O.P.(MD) No.32823 of 2014. Under such circumstances, I am inclined to grant bail to this petitioner.

3. Accordingly, the petitioner is ordered to be released on bail on his 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, No.II, Ramanathapuram, and on further condition that: [a] the petitioner shall report before the respondent police twice a day daily at 10.30 a.m. and 6.30p.m. for a period of four weeks and thereafter as and when required for interrogation. https://hcservices.ecourts.gov.in/hcservices/

[b] the petitioner shall not tamper with evidence or witness either during investigation or trial.

[c] the petitioner 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 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/- 02/02/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE, NO.II, RAMANATHAPURAM 2 -DO-THRO' THE CHIEF JUDICIAL MAGISTRATE RAMANATHAPURAM DISTRICT 3 THE INSPECTOR OF POLICE KENNIKARAI POLICE STATION, RAMNAD DT.

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

+1. CC to M/S.A.UTHAYAKUMAR Advocate SR.No.4550

ORDER

IN CRL OP(MD) No.637 of 2015 Date :02/02/2015 NA/02/02/2015/P2/7C https://hcservices.ecourts.gov.in/hcservices/