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Madras High CourtCRL OP(MD)/6532/2018granted

Veeramani, v. The Inspector Of Police,

2018-04-23Honourable Mr Justice G.R.Swaminathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Twenty Third day of April Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN CRL OP(MD) No.6532 of 2018 VEERAMANI ... PETITIONERS / SOLE ACCUSED Vs THE STATE REP.BY, THE INSPECTOR OF POLICE, THIRUKATTUPALLI POLICE STATION, THANJAVUR DISTRICT.

(CRIME NO.48 OF 2018) ... RESPONDENT / COMPLAINANT For Petitioner : M/S.A.SIVASUBRAMANIAN Advocate For Respondent : MR.A.ROBINSON Govt. Advocate ( Crl. Side) PETITION FOR BAIL Under Sec. 439 Cr.P.C.

ORDER : The Court Made the following order :- The petitioner/sole accused, is in custody since 12.03.2018 for the offences punishable under Sections 294(b), 323, 506(ii) and 302 IPC., in Crime No.48 of 2018, on the file of the respondent police. He seeks bail.

2. The case of the prosecution is that the petitioner and the deceased were playing some games, at that time, some quarrel was developed. Hence, the petitioner attacked the deceased. Since, the deceased was an asthma patient, he had some complications and admitted in the hospital. Thereafter, he died after 8 days in the hospital.

3. The learned Government Advocate (Crl.side) appearing for the respondent Police submitted that there is no previous case is registered against the petitioner.

4. Considering these facts, this Court is inclined to enlarge the petitioner on bail with certain conditions. Accordingly, the 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, Thiruvaiyaru.

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(ii) the petitioner is directed to appear before the respondent police as and when required for interrogation. (iii) the petitioner shall not abscond.

(iv) 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/- 23/04/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE, THIRUVAIYARU.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, THANJAVUR DISTRICT AT KUMBAKONAM.

3 THE SUPERINTENDENT, CENTRAL PRISON, TRICHY.

4 THE INSPECTOR OF POLICE, THIRUKATTUPALLI POLICE STATION, THANJAVUR DISTRICT.

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

+1. CC to M/S.A.SIVASUBRAMANIAN Advocate SR.No.6813

ORDER

IN CRL OP(MD) No.6532 of 2018 Date :23/04/2018 MKV-CM-VR-GSR/23.4.2018/2P-7C https://hcservices.ecourts.gov.in/hcservices/