Madras High CourtCRL OP(MD)/15621/2016ordered

Bala Murugan v. The Inspector Of Police

2016-09-06Honourable Mr Justice C. T. Selvam3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Sixth day of September Two Thousand Sixteen PRESENT The Hon`ble Mr.Justice C.T.SELVAM CRL OP(MD) Nos.15621 and 15620 and 16038 of 2016 BALA MURUGAN ... PETITIONER/ACCUSED NO.1 IN CRL OP(MD)NO.15621/2016 LINGARAJ ... PETITIONER/ACCUSED NO.2 IN CRL OP(MD)NO.15620/2016 MANRAJ ... PETITIONER/ACCUSED NO.3 IN CRL OP(MD)NO.16038/2016 Vs STATE REP.BY THE INSPECTOR OF POLICE AMATHUR POLICE STATION, VIRUDHUNAGAR.

CR. NO.152/2016 ... RESPONDENT/COMPLAINANT IN ALL THE PETITIONS For Petitioner : MR.S.RAVI FOR M/S.K.SEENU RAMACHANDRAN Advocate in CRL OP(MD)Nos.15621 & 15620/16 For Petitioner : MR.S.RAVI FOR MR.G.MARIAPPAN, Advocate in CRL OP(MD)No.16038/2016 For Respondent : MR.K.V.RAJARAJAN, Govt. Advocate ( Crl. Side) in all the petitions PETITIONS FOR BAIL Under Sec. 439 Cr.P.C.

in CRL OP(MD)Nos.15621 & 15620/16 and PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. in CRL OP(MD)No.16038/2016 COMMON ORDER : The Court Made the following order :- Petitioners in Crl.O.P.Nos.15621 and 15620 of 2016, who surrrendered on 20.06.2016 for offences punishable under Sections 307 and 302 IPC in Cr.No.152 of 2016 on the file of the respondent police, seek bail. Petitioner in Crl.O.P.(MD) No.16038 of 2016, who apprehends arrest at the hands of the respondent police for offences punishable under Sections 304(A), 307 and 302 IPC in Crime No.152 of 2016 on the respondent police, seeks anticipatory bail. 2.Learned counsel for petitioners submits that on being hit by a car, the deceased succumbed on the spot and a case initially was

registered under Sections 279, 338, 304(A) IPC and subsequently, the complainant, who is the brother-in-law of the deceased, had informed that the death had been caused by the accused owing to the dispute over a pathway. In an earlier incident, the deceased attacked the first accused with arival and a case was registered against him for offence under Section 326 IPC. The petitioners in Crl.O.P.Nos.15621 and 15620 of 2016 have been in judicial custody from 20.06.2016.

3. Learned Government Advocate (Crl.Side) submits that investigation stands completed in this case.

4. Considering the facts and circumstances of the case and particularly that investigation stands completed, this Court is inclined to release the petitioners in Crl.O.P.Nos. 15621 and 15620 of 2016 on bail.

5. Accordingly,they are ordered to be released on bail on each of them executing a bond in a sum of Rs.10,000/-(Rupees ten thousand only) with two sureties each for the like sum to the satisfaction of learned Judicial Magistrate NO.II, Virudhunagar and on condition that they shall report before the Judicial Magistrate No.II, Virudhunagar daily at 10.00 a.m for two weeks and thereafter, as and when required.

6. On consideration of the facts and circumstances of the case and the submissions made, this Court is of the view that the petitioner in Crl.O.P.(MD) No. 16038 of 2016 can be granted the relief prayed for and accordingly;

(a) In the event of arrest by or on appearance before the respondent police;

(b) In the event of appearance before the learned Judicial Magistrate No.II, Virudhunagar within 15 days from the date of receipt of copy of the order, (i) the petitioner shall be enlarged on bail on his executing a bond in a sum of Rs.10,000/-(Rupees Ten Thousand Only) with two sureties for the like sum to their satisfaction; (ii)the petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the fact of the case so as to dissuade him from disclosing such facts to the Court or to any Police Officer;

(iii)the petitioner shall report before the Judicial Magistrate No.II, Virudhunagar daily at 10.30 a.m for a period of two weeks and thereafter as and when required. sd/- 06/09/2016 / TRUE COPY / Sub-Assistant Registrar (C.S.)

TO 1 THE JUDICIAL MAGISTRATE NO.II, VIRUDHUNAGAR.

2 THE CHIEF JUDICIAL MAGISTRATE VIRUDHUNAGAR DISTRICT AT SRIVILLIPUTHUR.

3 THE OFFICER INCHARGE, DISTRICT JAIL,VIRUDHUNAGAR.

4 THE INSPECTOR OF POLICE AMATHUR POLICE STATION, VIRUDHUNAGAR.

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

+2. CCs to M/S.K.SEENU RAMACHANDRAN Advocate SR.Nos.50119 & 50120 +1cc to M/S.G.MARIAPPAN, Advocate in SR.No.50118

ORDER

IN CRL OP(MD) Nos.15621 and 15620 and 16038 of 2016 Date :06/09/2016 PA/SK-SKN/SAR I/06.09.2016/3P/9C