Madras High CourtCRL OP(MD)/9446/2015allowed

M.Marikuthu v. The Inspector Of Police

2015-06-10Honourable Mr Justice K. Kalyanasundaram2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Tenth day of June Two Thousand Fifteen PRESENT The Hon`ble Mr Justice K.KALYANASUNDARAM CRL OP(MD) No.9446 of 2015 1 M.MARIKUTHU 2 B.MURUGAN ..PETITIONERS/ACCUSED 5 & 4 Vs.

STATE REP.BY THE INSPECTOR OF POLICE GANGAIKONDAN POLICE STATION, TIRUNELVELI DISTRICT.

CR.NO.54/2015 ..RESPONDENT/COMPLAINANT For Petitioner : M/S.I.ROBERT CHANDRA KUMAR Advocate For Respondent : Mr.K.V.RAJARAJAN, Government Advocate(Crl.Side) PETITION FOR BAIL Under Sec. 439 Cr.P.C.

ORDER : The Court Made the following order :- The petitioners, who are arrayed as A5 and A4 in Crime No.54 of 2015 on the file of the respondent police, were arrested and remanded to judicial custody on 10.04.2015 for the alleged offences punishable under Sections 147, 148, 341, 294(b) and 302 of I.P.C., and hence, seek bail. 2.The case of the prosecution is that the dog of the accused had bite the dog of the deceased and therefore a wordy quarrel arose between them in which, the accused have attacked the deceased with aruval and caused his death.

3.The learned counsel for the petitioners submitted that the petitioners are innocent persons and they have been falsely implicated in this case. He further submitted that they have been incarceration for more than 60 days and major part of the investigation is over. 4.The learned Government Advocate (Crl.side) would submit that the fourth accused attacked the deceased on his left hand and finger, while the fifth accused attacked the deceased above his knee. He further submitted that the major part of the investigation is over and A5 is having one previous case.

5.However, considering the period of incarceration and the overt act attributed against the petitioners, this Court is inclined to enlarge the petitioners on bail on the following conditions. Accordingly, the petitioners are directed to be released on bail on each of them 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.III, Tirunelveli and on further condition that the petitioners shall report before the respondent police daily twice ie., at 10.00 a.m., and 05.00 p.m., until further orders. sd/- 10/06/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

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TO 1 THE JUDICIAL MAGISTRATE NO.III, TIRUNELVELI. 2 -DO-THRO'THE CHIEF JUDICIAL MAGISTRATE, TIRUNELVELI. 3 THE ADDL.PUBLIC PROSECUTOR,MADURAI BENCH OF MADRAS HIGH COURT,MADURAI. 4 THE INSPECTOR OF POLICE, GANGAIKONDAN POLICE STATION, TIRUNELVELI DISTRICT.

5 THE SUPERINTENDENT, CENTRAL PRISON, PALAYAMKOTTAI, TIRUNELLVELI DISTRICT.

+1. CC to M/S.I.ROBERT CHANDRA KUMAR Advocate SR.No.29396 ORDER IN CRL OP(MD) No.9446 of 2015 Date :10/06/2015 PBK/KBM 10/06/2015 ::2P-7C::

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