Muthuveera v. The Insepctor Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Seventeenth day of April Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN CRL OP(MD) No.6150 of 2018 MUTHUVEERA ... PETITIONERS / ACCUSED NO.2 Vs THE STATE REP.BY, THE INSEPCTOR OF POLICE NAGAMALAI PUDUKOTTAI POLICE STATION, MADURAI DISTRICT (CRIME NO.35 OF 2018) ... RESPONDENT / COMPLAINANT For Petitioner : M/S.S.MUTHUMALAIRAJA Advocate For Respondent : MR.A.P.G.OHM CHAIRMA PRABHU Govt. Advocate ( Crl. Side) PETITION FOR BAIL Under Sec. 439 Cr.P.C.

ORDER : The Court Made the following order :- The petitioner is arrayed as Accused No.2. He was arrested and remanded to judicial custody on 26.02.2018 for the offences punishable under Sections 147, 148, 294(b), 323, 452 and 302 I.P.C., in Crime No.35 of 2018 on the file of the respondent police. He seeks bail.

2.On 14.01.2018 due to previous motive, the petitioner along with other accused took the deceased from his house, stabbed him with knife and murdered him.

3.The learned counsel appearing for the petitioner submitted that the petitioner is an innocent person he has not committed any offence as alleged by the prosecution and prays for bail in favour of the petitioner.

4.The learned Government Advocate(Criminal Side) submitted that the petitioner is not having any previous case and he is a college student.

5. This Court went through the contents of the F.I.R. It appears to have arisen out of a petty wordy quarrel. Taking note of the facts and circumstances, this Court is inclined to enlarge the petitioner on bail with certain conditions. Accordingly, the https://hcservices.ecourts.gov.in/hcservices/

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.10,000/- (Rupees Ten Thousand Only) with two sureties, each for a like sum to the satisfaction of the learned Judicial Magistrate No.VI, Madurai. (ii)the petitioner is directed to appear before the respondent police as and when required for interrogation.

(iii)on breach of any of the aforesaid conditions, the 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 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/- 17/04/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE NO.VI, MADURAI.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, MADURAI DISTRICT.

3 THE SUPERINTENDENT, CENTRAL JAIL, MADURAI.

4 THE INSEPCTOR OF POLICE NAGAMALAI PUDUKOTTAI POLICE STATION, MADURAI DISTRICT.

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

+1. CC to M/S.S.MUTHUMALAIRAJA Advocate SR.No.6303

ORDER

IN CRL OP(MD) No.6150 of 2018 Date :17/04/2018 https://hcservices.ecourts.gov.in/hcservices/ MKV-CM-ASVM/17.4.2018/2P-7C