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Madras High CourtCRL OP(MD)/9727/2015allowed

Soosaiyammal v. The Inspector Of Police

2015-06-03Honourable Mr Justice K. Kalyanasundaram2 pages

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.9727 of 2015 SOOSAIYAMMAL ... PETITIONER/2nd ACCUSED Vs STATE REP BY THE INSPECTOR OF POLICE ALANGUDI POLICE STATION, PUDUKKOTTAI DISTRICT.

CR.NO.183 OF 2015. ... RESPONDENT/COMPLAINANT For Petitioner : M/S.E.D.PRAKASH Advocate For Respondent : MR.K.V.RAJARAJAN, Govt. Advocate ( Crl. Side) PETITION FOR BAIL Under Sec. 439 Cr.P.C.

ORDER : The Court Made the following order :- The petitioner, who is arrayed as A2 in Crime No.183 of 2015 on the file of the respondent police, was arrested and remanded to judicial custody on 09.05.2015 for the alleged offences punishable under Sections 294(b), 324 and 302 of I.P.C., and hence, seeks bail. 2.The case of the prosecution is that due to civil dispute between the accused and the deceased on 07.05.2015, the first accused attacked the deceased with wooden log and the second accused attacked the de-facto complainant with wooden log and caused injuries.

3.The learned counsel for the petitioner submitted that the petitioner's family is engaged in constructing a new house, which was obstructed by the deceased and therefore, a wordy quarrel arose between them, due to which, the first accused attacked the deceased and there is absolutely no overt act against this petitioner. He further submitted that even according to the prosecution, the petitioner attacked the de-facto complainant, who is the daughterin-law of the deceased with wooden log and caused injuries. He further submitted that the petitioner also sustained injuries in the occurrence and she was arrested while she was taking treatment in the hospital.

4.The learned Government Advocate (Crl.side) submitted that the de-facto complainant had been discharged from the hospital and the deceased died due to the attack made by the first accused. https://hcservices.ecourts.gov.in/hcservices/

5.Considering the nature of the allegation against the petitioner, this Court is inclined to grant bail to the petitioner. Accordingly, the petitioner 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, Alangudi and on further condition the the petitioner shall appear before the respondent police daily i.e., 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, ALANGUDI 2 -DO-THRO'THE CHIEF JUDICIAL MAGISTRATE PUDUKKOTTAI DISTRICT 3 THE SUPERINTENDENT, CENTRAL PRISON, TRICHY 4 THE INSPECTOR OF POLICE ALANGUDI POLICE STATION, PUDUKKOTTAI DISTRICT.

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

+1. CC to M/S.E.D.PRAKASH Advocate SR.No.27084

ORDER

IN CRL OP(MD) No.9727 of 2015 Date :03/06/2015 NA/PS/03/06/2015/P2/7C https://hcservices.ecourts.gov.in/hcservices/