Manimuthu v. The Sub Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Twenty Fourth day of April Two Thousand Fifteen PRESENT The Hon`ble Mr Justice K.KALYANASUNDARAM CRL OP(MD) No.7933 of 2015 MANIMUTHU ... PETITIONER / ACCUSED No.7 Vs THE STATE REP.BY THE SUB-INSPECTOR OF POLICE, KALLIKUDI POLICE STATION, THIRUMANGALAM TALUK, MADURAI DISTRICT.

CRIME NO.12/2015.

... RESPONDENT / COMPLAINANT For Petitioner : M/S. D. RAMESHKUMAR, Advocate For Respondent : M/S.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, who is arrayed as A7 in Crime No.12 of 2015 on the file of the respondent police, was arrested and remanded to judicial custody on 23.01.2015 for the alleged offences punishable under Sections 323, 307 IPC r/w. Section 3(2)(v) of SC / ST (POA) Act @ Section 147,148, 323, 307, 302 IPC r/w. Section 3(2) (v) of SC/ST (POA) Act and hence, seeks bail.

2.The case of the prosecution is that the petitioner has attacked the four persons and one of them succumbed injuries. 3.The learned counsel for the petitioners submitted that the petitioner is an innocent person and he has been falsely implicated in this case. It is further submitted that even as per the case of the prosecution, the first accused is said to have attacked the deceased and overt acts attributed against the petitioner is that the petitioner has assaulted the de facto complainant's hand with wooden log. He further submitted that the co-accused has already been released on bail by this Court on 07.04.2015 in https://hcservices.ecourts.gov.in/hcservices/ Crl.O.P.Nos.4204 and 4700 of 2014.

4.The learned Government Advocate (Crl.side) would submit that A1 was arrested and remanded to judicial custody and the investigation is almost over. The prosecution is waiting for chemical analysis report to file a charge sheet. 5.Considering the facts and circumstances of the case and also considering the fact that the co-accused has already been released bail, this Court is inclined to grant bail to the petitioner with certain condition. Accordingly, the petitioner is ordered to be released on bail on 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 III Additional District Sessions Judge (PCR Court), Madurai and on further condition that the petitioner shall appear before the respondent Police daily at 10.00 a.m., until further orders.

sd/- 24/04/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE III ADDITIONAL DISTRICT SESSIONS JUDGE (PCR COURT), MADURAI. 2 THE SUB INSPECTOR OF POLICE, KALLIKUDI POLICE STATION, THIRUMANGALAM TALUK, MADURAI DISTRICT.

3 THE SUPERINTENDENT, CENTRAL PRISON, MADURAI. 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S. D. RAMESHKUMAR, Advocate SR.No.22063. ORDER IN CRL OP(MD) No.7933 of 2015 Date :24/04/2015 msm 24.04.2015 p2/6c https://hcservices.ecourts.gov.in/hcservices/