Kesavan v. The Sub Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Twenty Second day of January Two Thousand Fifteen PRESENT The Hon`ble Mr Justice P.N.PRAKASH CRL OP(MD) No.73 of 2015 KESAVAN ... PETITIONER/SOLE ACCUSED Vs THE STATE REP.BY THE SUB INSPECTOR OF POLICE KOPPAMPATTI POLICE STATION, THOOTHUKUDI DISTRICT. CR. NO.216/2014. ... RESPONDENT / COMPLAINANT For Petitioner : M/S.S.RAMASAMY Advocate For Respondent : MR.A.P.BALASUBRAMANIAN, 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 01.11.2014 for the offences punishable under Sections 302 and 201 of Indian Penal Code in Crime No.216 of 2014 on the file of the respondent police, seeks bail.
2. The case of the prosecution is that on 31.10.2014, the Village Administrative Officer of Mudukanankulam Village found an unidentified body, based on which, a case in Crime No.216 of 2014 was registered by Koppampatti Police Station. While so, on 01.11.2014, this petitioner was arrested in Crime No.1072 of 2014 for the offences punishable under Sections 341, 294(b), 307 and 506(ii) of Indian Penal Code. During the custodial interrogation of this petitioner, it came to light that it was this petitioner who had committed the murder of the deceased in Crime No.216 of 2014. It appears that the name of the deceased in Crime No.216 of 2014 is one Ragothamman. The said Ragothamman had paid money to this petitioner on the assurance given by this petitioner that he will get him a visa to go abroad.
From the confession statement of this petitioner, it appears that on 26.10.2014, this petitioner went along with Ragothamman and together they had liquor. After consuming liquor, there appears to have been a quarrel between them. In that quarrel, it is alleged that this petitioner has assaulted Ragothamman with iron rod. This petitioner was arrested on 01.11.2014 and is in incarceration till then. Investigation is almost completed. Under such circumstances, this is a fit case to grant bail to the 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, Kovilpatti and on further condition that: [a] the petitioner shall report before the respondent police every day at 10.30 a.m. for a period of four weeks and thereafter, as and when required for interrogation.
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[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/- 22/01/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1.THE JUDICIAL MAGISTRATE NO.II,KOVILPATTI.
2.DO THRO THE CHEIF JUDICIAL MAGISTRATE, THOOTHUKUDI; 3.THE ADDL. PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
4.THE SUPERINTENDENT CENTRAL PRISON, PALAYAMKOTTAI. 5.THE SUB INSPECTOR OF POLICE KOPPAMPATTI POLICE STATION, THOOTHUKUDI DISTRICT. +1. CC to M/S.S.RAMASAMY Advocate SR.No.2779
ORDER
IN CRL OP(MD) No.73 of 2015 Date :22/01/2015 rg.22.01.2015 2p.7c https://hcservices.ecourts.gov.in/hcservices/