Madras High CourtCRL OP(MD)/17623/2016ordered

Shanmuga Pandian, v. The Sub Inspector Of Police,

2016-09-19Honourable Mr Justice B. Gokuldas2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Nineteenth day of September Two Thousand Sixteen PRESENT The Hon`ble Mr.Justice B.GOKULDAS CRL OP(MD) No.17623 of 2016 SHANMUGA PANDIAN ... PETITIONER/SOLE ACCUSED Vs THE STATE REP.BY THE SUB INSPECTOR OF POLICE, IRUKKANKUDI POLICE STATION, VIRUDHUNAGAR DISTRICT CR.NO. 163 OF 2016 ... RESPONDENT / COMPLAINANT For Petitioner : M/S.M.S.JEYAKARTHIK Advocate For Respondent : M/S.A.P.BALASUBRAMANI, 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 arrayed as sole accused, was arrested and remanded to judicial custody on 11.08.2016 for the alleged offences punishable under Sections 294(b) and 307 of IPC @ 302 of IPC, in Crime No.163 of 2016 on the file of the respondent Police and hence, seeks bail.

2.The case of the prosecution is that due to matrimonial dispute, the wife of the deceased went to her parental home. On 11.08.2016, the deceased went to the house of his in-laws to take back his wife and at that time, there was a wordy quarrel arose between the deceased and the petitioner and due to which, the accused, who is brother in law of the deceased, stabbed the deceased and caused his death.

3. Heard the learned counsel appearing for the petitioner and the learned Government Advocate (Crl. Side) appearing for the respondents.

4. The learned counsel for the petitioner submitted that the petitioner is innocent and he has not committed any offence as alleged by the prosecution and his name has been falsely implicated in this case.

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5.The learned Government Advocate (Crl.side) submitted that the petitioner attacked the deceased on the right side of the stomach, with knife and caused stab injuries. He further submitted that there is no previous against the petitioner and the investigation of the case is pending.

6.Considering the facts and circumstances of the case and also considering the fact that the petitioner is in judicial custody from 11.08.2016, this Court is inclined to release the petitioner on bail. Accordingly, the petitioner is ordered to be released on bail on his 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, Sattur, and on condition that the petitioner shall appear before the respondent Police daily at 10.00 am until further orders. sd/- 19/09/2016 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE NO.II, SATTUR.

2 DO THRO THE CHIEF JUDICIAL MAGISTRATE, VIRUDHUNAGAR DISTRICT AT SRIVILLIPUTHUR DISTRICT. 3 THE ADDL.PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

4 THE OFFICER INCHARGE DISTRICT PRISON, VIRUDHUNAGAR.

5 THE SUB INSPECTOR OF POLICE, IRUKKANKUDI POLICE STATION, VIRUDHUNAGAR DISTRICT.

+1. CC to M/S.M.S.JEYAKARTHIK Advocate SR.No.53341.

ORDER

IN CRL OP(MD) No.17623 of 2016 Date :19/09/2016 AM/SK.SKN/SAR-I/19.09.2016/2P/7C https://hcservices.ecourts.gov.in/hcservices/