Muthu @ Kattu Muthu @ v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the First day of June Two Thousand Fifteen PRESENT THE HON`BLE MR JUSTICE K.KALYANASUNDARAM CRL OP(MD) No.9454 of 2015 MUTHU @ KATTU MUTHU @ MUTHU RAMALINGAM ... PETITIONER / ACCUSED No.5 Vs THE INSPECTOR OF POLICE NANGUNERI POLICE STATION, TIRUNELVELI DISTRICT. CR. NO. 40 OF 2015. ... RESPONDENT / COMPLAINANT For Petitioner : M/S.D.VENKATESH Advocate For Respondent : MR.A.P.BALASUBRAMANI, Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner apprehends arrest at the hands of the respondent police in Crime No.40 of 2015 for the offences under Sections 294(b), 341, 302 and 506(ii) IPC and seeks anticipatory bail.

2. The case of the prosecution is that due to previous enmity, the accused Nos.1 to 3 had attacked the son of the defacto complainant on 08.03.2015 and caused his death.

3. The learned counsel for the petitioner submitted that even according to the prosecution the accused Nos.1 to 3 had attacked the deceased with Aruval and thereafter, the accused Nos.4 and 5 have provided Rs.1,000/- to them for expenses.

4. The learned Government Advocate (crl. side) submitted that the petitioner is having three previous cases and according to the prosecution, he has engaged the accused Nos.1 to 3 for commission of this offence. He would further submit that A1 to A3 were arrested and released on bail.

5. The learned counsel for the petitioner submitted that the first accused is the brother-in-law of the fourth accused and the accused Nos.2 and 3 are friends of the first accused and in the year 2012, the brother of the first accused was done to death by the defacto complainant.

6. Considering the facts and circumstances of the case, this Court is inclined to grant bail to the petitioner with certain conditions. Accordingly, the petitioner is ordered to be released on bail on his 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, Nanguneri and on further condition that the petitioner shall appear before the respondent police daily at 10.00 a.m. Until further orders. The petitioners shall comply with the condition stipulated under Section 438 Cr.P.C. Scrupulously. https://hcservices.ecourts.gov.in/hcservices/

7. The petitioner shall appear before the concerned Magistrate within a period of 15 days from the date on which the order copy made ready, failing which, the petition for anticipatory bail stands dismissed. sd/- 01/06/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE NANGUNERI 2 -DO-THRO THE CHIEF JUDICIAL MAGISTRATE, TIRUNELVELI DISTRICT.

3 THE INSPECTOR OF POLICE NANGUNERI POLICE STATION, TIRUNELVELI DISTRICT.

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

+1. CC to M/S.D.VENKATESH Advocate SR.No.26688 Sm:02.06.2015:2P/6C

ORDER

IN CRL OP(MD) No.9454 of 2015 Date :01/06/2015 https://hcservices.ecourts.gov.in/hcservices/