Moorthy @ Sivaramakrishna v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Fifteenth day of April Two Thousand Fifteen PRESENT The Hon`ble Mr Justice K.KALYANASUNDARAM CRL OP(MD) No.6672 of 2015 MOORTHY @ SIVARAMAKRISHNA MOORTHY ... PETITIONER / ACCUSED NO.4 Vs THE STATE REP.BY THE INSPECTOR OF POLICE TOWN POLICE STATION, PUDUKKOTTAI, CRIME NO.42/2015 ... RESPONDENT / COMPLAINANT For Petitioner : M/S.P.GANAPATHI SUBRAMANIAN 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 A4 and he was arrested and remanded to judicial custody on 24.01.2015 for the alleged offence punishable under section 302 of IPC, in Crime No.42 of 2015 on the file of the respondent police and hence, seeks bail.

2.The case of the prosecution is that due to civil dispute, the Accused 1 to 3 assaulted the deceased and caused his death. The allegation made against the petitioner is that he conspired with the other accused for the commission of the offence. 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. He further submitted that the deceased is the co-brother of the petitioner and there is no serious allegation made against the petitioner and he has been incarceration for more than 85 days.

4.The learned Government Advocate (Criminal side) submitted that A1 and A2 were detained under Tamil Nadu Act 14 of 1982 and A3 is in judicial custody and in this case, the major portion of the investigation is over.

5.Considering the facts and circumstances of the case and also considering the overtact attributed against the petitioner, this Court is https://hcservices.ecourts.gov.in/hcservices/ inclined to grant bail to the petitioner with certain conditions.

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, Pudukkottai and on further condition that the petitioner shall stay at Trichy and report before the Inspector of Police, attached to Cantonment Police Station daily at 10.00 a.m. until further orders.

sd/- 15/04/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1.THE JUDICIAL MAGISTRATE,PUDUKKOTTAI.

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

4.THE INSPECTOR OF POLICE TOWN POLICE STATION, PUDUKKOTTAI.

5.THE OFFICER INCHARGE, DISTRICT PRISON, PUDUKKOTTAI.

6.THE INSPECOR OF POLICE ATTACHED TO CONTONMENT POLICE STATION, TRICHY.

+1. CC to M/S.P.GANAPATHI SUBRAMANIAN Advocate SR.No.18849

ORDER

IN CRL OP(MD) No.6672 of 2015 Date :15/04/2015 rg.16.04.2015 2p/8c.

https://hcservices.ecourts.gov.in/hcservices/