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Madras High CourtCRL OP(MD)/7458/2015ordered

Sundarapandi @ Muthiah, v. The Inspector Of Police

2015-04-21Honourable Mr Justice K. Kalyanasundaram2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Twenty First day of April Two Thousand Fifteen PRESENT The Hon`ble Mr Justice K.KALYANASUNDARAM CRL OP(MD) No.7458 of 2015 SUNDARAPANDI @ MUTHIAH, ... PETITIONER/ ACCUSED No.3 Vs THE STATE REP. BY THE INSPECTOR OF POLICE SINDUPATTI POLICE STATION, MADURAI CRIME NO. 40 OF 2015). ... RESPONDENT/ COMPLAINANT For Petitioner : M/S.B.SANTHANAM RAJESHKUMAR Advocate For Respondent : Govt. Advocate ( Crl. Side) PETITION FOR BAIL Under Sec. 439 Cr.P.C.

ORDER : The Court Made the following order :- The petitioner is A3 and he voluntarily surrendered before the learned Judicial Magistrate No.1, Madurai on 18.03.2015 and remanded to judicial custody for the alleged offences punishable under sections 174, 148, 323, 324, 506(ii) of IPC @ 147, 148, 323, 324, 506(ii), 302 and 120(B) and 149 of IPC r/w section 4 of Women Harassment Act, in Crime No.40 of 2015 on the file of the respondent police and hence, seeks bail. 2.The case of the prosecution is that there was a civil dispute between the de-facto complainant and A1 and on the date of occurrence i.e., on 13.03.2015, both the parties assembled for a compromise before the Panchayadars and at that time, a wordy quarrel arose between the parties, due to which A1 had attacked the deceased Pandiarajan with crowbar and caused his death.

The allegation against the petitioner is that he attacked one Chinna Karuppu with stick. 3.The learned counsel for the petitioner submitted that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution and he has nothing to do with A1 and the deceased. It is further submitted that the injured Chinna Karuppu has been discharged from the hospital on the same day.

4.The learned Government Advocate (Criminal side) submitted that A9, A14, A15 and A17 were arrested and the other accused are at large. He further submitted that the injured Chinna Karuppu has been discharged from the hospital.

https://hcservices.ecourts.gov.in/hcservices/ 5.Considering the facts and circumstances of the case and also considering the overtact attributed against the petitioner and the

petitioner is in jail since 18.03.2015, this Court is inclined to grant bail to the petitioner with certain conditions. The main accused in this case shall not take advantage of the order passed in this criminal original petition.

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, Thirumangalam and on further condition that the petitioner shall appear before the respondent police daily at 10.00 a.m. until further orders.

sd/- 21/04/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) TO 1 THE JUDICIAL MAGISTRATE, TIRUMANGALAM.

2 Do - Through THE CHIEF JUDICIAL MAGISTRATE, MADURAI. 3 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

4 THE INSPECTOR OF POLICE SINDUPATTI POLICE STATION, MADURAI.

5 THE SUPERINTENDENT, CENTRAL PRISON, MADURAI. +1. CC to M/S.B.SANTHANAM RAJESHKUMAR Advocate SR.No.20455. TS/21.04.2015/2P-7C ORDER IN CRL OP(MD) No.7458 of 2015 Date :21/04/2015 https://hcservices.ecourts.gov.in/hcservices/