R.Muthupandi v. The Inspector Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Eighteenth day of January Two Thousand Seventeen PRESENT The Hon`ble Mr.Justice A.M.BASHEER AHAMED CRL OP(MD) No.470 of 2017 R.MUTHUPANDI ... PETITIONER / ACCUSED NO.4 Vs THE INSPECTOR POLICE NILAKOTTAI POLICE STATION, DINDIGUL DISTRICT ... RESPONDENT / COMPLAINANT For Petitioner : M/S.M.SEENI SULTHAN Advocate For Respondent : M/S.P.KANDASAMY, Govt.Advocate (Crl. Side) PETITION FOR BAIL Under Sec. 439 Cr.P.C.
ORDER : The Court Made the following order :- The petitioner/Accused No.4, was arrested on 24.11.2016 for the offences punishable under Sections 174 Cr.P.C., @ 147, 148, 341, 323 and 302 of I.P.C., in Crime No.310 of 2016 on the file of the respondent police, seeks bail.
2.The case of the prosecution is that the deceased Muthuraja misbehaved with the first accused's wife and due to the same, the petitioner along with A1 and other accused attacked the deceased with wooden logs and as such, the deceased died out of injuries. 3.The learned counsel appearing for the petitioner would submit that the petitioner herein is A4 in this case, who has been implicated as per the confession given by A1. He would further submit that the petitioner is in judicial custody from 24.11.2016 and he has no previous case at all.
4.The learned Government Advocate (Crl.side) appearing for the respondent states that the case was registered initially under Section 174 Cr.P.C., and thereafter, it was altered into Sections 147, 148, 341, 323 and 302 of I.P.C. He further states that the F.I.R. was registered against unnamed accused in this case and the present accused is implicated on the confession statement given by A1. He also states that there are totally 5 accused in this case and A1 and A5 were arrested and released on bail by the concerned Sessions Court and A2 was released on bail by this Court as per Crl.O.P.(MD).No.23513 of 2016 dated 20.12.2016 and the investigation is still pending.
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5.Considering the above facts and circumstances of the case and also the fact that A1 was released on bail by the concerned Sessions Judge, on whose confession, the petitioner has been implicated in this case and the release of co-accused in this case, 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, Nilakottai, (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;
(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/- 18/01/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.3) TO 1 THE JUDICIAL MAGISTRATE, NILAKOTTAI, DINDIGUL DISTRICT.
2 -DO THROUGHTHE CHIEF JUDICIAL MAGISTRATE, DINDIGUL. 3 THE INSPECTOR POLICE NILAKOTTAI POLICE STATION, DINDIGUL DISTRICT 4 THE SUPERINTENDENT CENTRAL PRISON, MADURAI.
5 THE ADDL.PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1. CC to M/S.M.SEENI SULTHAN Advocate SR.No.2751 ORDER IN CRL OP(MD) No.470 of 2017 Date :18/01/2017 anr/ss3/sar3/18.01.2017/2p/7c https://hcservices.ecourts.gov.in/hcservices/