Masilamani v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Fifth day of June Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN CRL OP(MD) No.8925 of 2018 MASILAMANI ... PETITIONER/SOLE ACCUSED Vs STATE THROUGH, THE INSPECTOR OF POLICE, KALLAL POLICE STATION, IN CRIME NO.61/2018 ... RESPONDENT/COMPLAINANT For Petitioner : MR.NIRANJAN.S.KUMAR, Advocate For Respondent : MR.A.P.G.OHM CHAIRMA PRABHU, Government Advocate (Crl.Side) PETITION FOR BAIL Under Sec. 439 Cr.P.C.

ORDER : The Court Made the following order :- The petitioner is arrayed as the sole accused. He was arrested and remanded to judicial custody on 25.04.2018 for the offences punishable under Sections 294(b), 307 and 302 I.P.C., in Crime No.61 of 2018, on the file of the respondent police. He seeks bail.

2.The allegation against the petitioner is that angered by refusal of the mother of the deceased to arrange the marital alliance between the deceased and the petitioner's elder brother's daughter as deserved by the petitioner, the petitioner hit the deceased when he was travelling in two wheeler behind. Thereafter, the case of murder has been registered.

3.The learned counsel appearing for the petitioner would submit that the deceased as well as the petitioner had consumed alcohol and the deceased was going in front and the petitioner was falling him behind in his Amni Car. The deceased had applied sudden brake and that is how the accident had taken place. https://hcservices.ecourts.gov.in/hcservices/ 4.It is seen that the investigation is substantially over. The learned counsel appearing for the petitioner undertakes that he

would not apply for relaxation. However, in view of the nature of allegation made by the mother of the deceased against the petitioner, the petitioner shall stay out side the District for a period of two months. Further the petitioner shall report before the Othakkadai Police Station, Madurai District daily at 10.00 a.m for a period of two months. With this condition, this Court is inclined to grant bail to the petitioner.

5.Accordingly, the petitioner is ordered to be released on bail.

(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, Karaikudi.

(ii)The petitioner shall not abscond. 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/- 05/06/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE, KARAIKUDI 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE SIVAGANGAI DISTRICT 3 THE INSPECTOR OF POLICE, KALLAL POLICE STAION, SIVAGANGAI DISTRICT.

4 THE INSPECTOR OF POLICE, OTHAKADAI POLICE STATION, MADURAI.

5 THE OFFICER INCHARGE, DISTRICT PRISON, PUDUKKOTTAI DISTRICT. 6 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI +1. CC to M/S.NIRANJAN.S.KUMAR Advocate SR.No.9512

ORDER

IN CRL OP(MD) No.8925 of 2018 Date :05/06/2018 PK/PN/ASVM/05.06.2018 : 2P/8C https://hcservices.ecourts.gov.in/hcservices/