Muniyandi v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Third day of May Two Thousand Eighteen PRESENT The Hon`ble Mrs.Justice R.THARANI CRL OP(MD) No.7582 of 2018 MUNIYANDI ... PETITIONER / ACCUSED NO.1 Vs STATE REP.BY THE INSPECTOR OF POLICE K.PUDUR POLICE STATION, MADURAI DISTRICT.

CRIME NO.60/2018.

... RESPONDENT / COMPLAINANT For Petitioner : M/S.A.JOSEPH JERRY, Advocate For Respondent : M/S.M.ASOKAN, Govt. Advocate ( Crl. Side) PETITION FOR BAIL Under Sec. 439 Cr.P.C.

ORDER : The Court Made the following order :- The petitioner / Accused No.1, who was arrested and remanded to judicial custody on 08.02.2018 for the offences punishable under Section 307 IPC @ 324, 109 and 302 IPC, in Crime No.60 of 2018, on the file of the respondent police seeks bail. 2.The allegation against the petitioner is that on 05.02.2018, the petitioner has committed murder of his mother-in-law, who is the deceased herein.

3.On the side of the petitioner, it is stated that there is a dispute regarding property between the deceased, her daughter and her son-in-law. It is the habit of the deceased to threaten the near relatives by way of attempting to commit suicide. She threatened them by way of hanging four times prior to her death and on the fateful day, due to the family dispute, she poured kerosene and set fire to herself. It is further stated that the petitioner is an innocent person and the co-accused A-2 is on bail and hence, prayed that the petitioner to be released on bail.

4.On the side of the respondent, it is stated that the investigation was completed and a charge sheet was filed and the case was taken on file in P.R.C.No.64 of 2018 by the jurisdictional Court.

https://hcservices.ecourts.gov.in/hcservices/ 5.Considering the facts and circumstances of the case and considering the fact that the investigation is completed and, the

co-accused was released on bail and the petitioner is in judicial custody for the past 87 days, this Court is inclined to grant bail to the petitioner. 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 No.VI, Madurai.

(ii)the petitioner is directed to appear before the respondent police daily at 10.30 a.m. until further orders; (iii)the petitioner shall not tamper with the evidence or witness either during investigation or trial; (iv)the petitioner shall not abscond either during investigation or trial; and (v)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/- 03/05/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO

1. THE JUDICIAL MAGISTRATE NO.VI, MADURAI.

2. DO-THROUGH THE CHIEF JUDICIAL MAGISTRATE, MADURAI DISTRICT.

3. THE SUPERINTENDENT,CENTRAL PRISON, MADURAI.

4. THE INSPECTOR OF POLICE K.PUDUR POLICE STATION, MADURAI DISTRICT.

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

+1. CC to M/S.A.JOSEPH JERRY Advocate SR.No.8141 ORDER IN CRL OP(MD) No.7582 of 2018 Date :03/05/2018 MS/CM-VR/VK/03.05.2018/2P.7C https://hcservices.ecourts.gov.in/hcservices/