Satham Usain, v. The Inspector Of Police,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Twenty Third day of October Two Thousand Seventeen PRESENT The Hon`ble Mr.Justice M.DHANDAPANI CRL OP(MD) No.14133 of 2017 SATHAM USAIN ... PETITIONER / ACCUSED Vs STATE REP.BY THE INSPECTOR OF POLICE, SETHUBAVASATTIRAM POLICE STATION, THANJAVUR DITRICT.

IN CRIME NO.142/2017 ... RESPONDENT / COMPLAINANT For Petitioner : M/S.A.RAJA Advocate For Respondent : M/S.K.ANBARASAN, Government Advocate(Crl.Side) PETITION FOR BAIL Under Sec. 439 Cr.P.C.

ORDER : The Court Made the following order :- The petitioner/A3 who was arrested and remanded to judicial custody on 29.08.2017 for the alleged offences punishable under Section 174 of Cr.P.C, altered into Section 306 of I.P.C, in Crime No.142 of 2017, on the file of the respondent police, seeks bail.

2. The case of the prosecution is that on 27.08.2017, on the allegation that the deceased person had stolen the Anjaneyar Temple valuables, the village people joined together and attacked the deceased person and the petitioner is one among them. Thereafter, the deceased person consumed poison, which is used for capturing rate and thereby he died in the hospital. Aggrieved by the same, the brother of the deceased lodged a complaint against the petitioner and other accused persons. Based on his complaint, case has been registered for the above said offences.

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. The petitioner is arrayed as A3 and there is no specific allegation against him. He further submitted that the co-accused were already granted anticipatory bail by this Court.

4. The learned Government Advocate (Criminal side) appearing for the respondent, did not dispute the submission made by the learned counsel for the petitioner.

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5. Considering the facts and circumstances of the case and also considering the submission made by the learned Government Advocate (Crl. Side), I am inclined to grant bail to the petitioner with certain conditions. Accordingly, the petitioner is ordered to be released on bail, subject to the following conditions: (i) the petitioner shall execute a bond for a sum of Rs.25,000/- (Rupees twenty five thousand only) with two sureties each for a like sum to the satisfaction of the learned Judicial Magistrate, Pattukottai;

(ii) the petitioner shall report before the investigation officer, daily between 10.00 a.m. to 11.00 a.m., for a period of four weeks;

(iii) the petitioner shall not tamper with evidence or witness either during investigation or trial.

(iv) the petitioner shall make himself available for interrogation including custodial interrogation as and when required by the investigation officer;

(v) the petitioner shall not commit any offence while on bail;

(vi) On breach of any of the aforesaid conditions, the petition for bail stands dismissed.

sd/- 23/10/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO

1. THE JUDICIAL MAGISTRATE, PATTUKKOTTAI.

2. DO-THROUGH THE CHIEF JUDICIAL MAGISTRATE, THANJAVUR DISTRICT AT KUMBAKONAM.

3. THE OFFICER INCHARGE,SUB JAIL, PATTUKKOTTAI.

4. THE INSPECTOR OF POLICE, SETHUBAVASATTIRAM POLICE STATION, THANJAVUR DITRICT.

5. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S.A.RAJA Advocate SR.No.32966 ORDER IN CRL OP(MD) No.14133 of 2017 Date :23/10/2017 MS/CM-MSA/SAR.2/23.10.2017/2P.7C https://hcservices.ecourts.gov.in/hcservices/