Manokaran v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Third day of June Two Thousand Fifteen PRESENT The Hon`ble Mr Justice K.KALYANASUNDARAM CRL OP(MD) No.9709 of 2015 1 MANOKARAN 2 VAIRAMUTHU ... PETITIONERS/ACCUSED NO.1 AND 3 Vs STATE BY THE INSPECTOR OF POLICE ODAIPATTI POLICE STATION, THENI DISTRICT.

CRIME NO. 59 OF 2015. ... RESPONDENT/ COMPLAINANT For Petitioner : M/S.V.S.BALAMURUGAN 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 petitioners, who are arrayed as the A1 and A3 in Crime No.59 of 2015 on the file of the respondent police, were arrested and remanded to judicial custody on 06.04.2015 for the alleged offences punishable under Sections 341, 342 and 302 of I.P.C., and hence, seek bail.

2.The case of the prosecution is that the accused and the deceased are neighbours and there was a dispute between them over draining water from their respective house and due to which on 06.04.2015, the first accused attacked the deceased with kinfe, while A2 and A3 were caught hold of the deceased. 3.The learned counsel for the petitioners submitted that the petitioners are innocent persons and they have been falsely implicated in this case. The learned counsel for the petitioner seeks permission of this Court to withdraw this petition in respect of the first petitioner/A1 and he has also made an endorsement to that effect. Hence, this petition is dismissed in respect of the first petitioner/ A1.

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4.The learned Government Advocate (Crl.side) submitted that A2 is still absconding and the first accused had caused fatal injury on the deceased.

5.Considering the facts and circumstances of the case, this Court is inclined to grant bail to the second petitioner/A3. Accordingly, the second petitioner/A3 is directed to be released on bail on executing a personal 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, uthamapalayam and on further condition the the second petitioner/A3 shall appear before the respondent police daily at 10.00 a.m., until further orders.

sd/- 03/06/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1.THE JUDICIAL MAGISTRATE , UTHAMAPALAYAM 2.DO THROUGH THE CHIEF JUDICIAL MAGISTRATE THENI DISTRICT 3.THE SUPERINTENDENT, CENTRAL PRISON, MADURAI 4.THE ADDITIONAL PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI 5.THE INSPECTOR OF POLICE ODAIPATTI POLICE STATION, THENI DISTRICT.

+1. CC to M/S.V.S.BALAMURUGAN Advocate SR.No.27801 RL/7C - 5/6/2015

ORDER

IN CRL OP(MD) No.9709 of 2015 Date :03/06/2015 https://hcservices.ecourts.gov.in/hcservices/