Madras High CourtCRL OP(MD)/23606/2016granted

Murugan v. The Inspector Of Police

2016-12-21Honourable Mr Justice A.M. Basheer Ahamed2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Twenty First day of December Two Thousand Sixteen PRESENT The Hon`ble Mr.Justice A.M.BASHEER AHAMED CRL OP(MD) No.23606 of 2016 1 MURUGAN 2 RAMARAJ 3 SHANTHI ... PETITIONERS / ACCUSED 1 to 3 Vs State through THE INSPECTOR OF POLICE RAJAPALAYAM SOUTH POLICE STATION, VIRUDHUNAGAR DISTRICT, CR NO. 649 OF 2016. ... RESPONDENT / COMPLAINANT For Petitioner : M/S.G.MARIMUTHU Advocate For Respondent : Mr.P.Kandasamy Govt. Advocate ( Crl. Side) PETITION FOR BAIL Under Sec. 439 Cr.P.C.

ORDER : The Court Made the following order :- The petitioners/Accused Nos.1 to 3, who were arrested and remanded to judicial custody on 07.10.2016 for the alleged offences punishable under Sections 302, 201 (*)120(B) of I.P.C, in Crime No.649 of 2016 on the file of the respondent police and hence, seek bail.

2.The case of the prosecution is that the petitioners committed murder of the deceased by strangulating his neck.

3. The learned counsel for the petitioners submitted that there are totally five accused in this case and the petitioners herein are A-1 to A-4 respectively and they were arrested and remanded to judicial custody from 29.11.2016 onwards.

4. The learned Government Advocate(Crl. Side) on instructions would submit that the earlier bail application moved on behalf of the petitioners was dismissed by this Court, as per the order passed in Crl.O.P(MD)No.22261 of 2016, dated 07.12.2016.He further submitted that investigation in this case was over and charge sheet was laid and the case is pending in P.R.C.No.45 of 2016 before the Judicial Magistrate, Rajapalayam and the case is committed to Sessions Court and the next hearing is posted on 03.01.2017. https://hcservices.ecourts.gov.in/hcservices/

5. Considering the above facts and circumstances of the case and also considering the fact that the petitioners are in judicial

custody from 07.10.2016 onwards and the stage of the case, which is committed to Sessions Court, this Court is inclined to grant bail to the petitioners with certain conditions.

Accordingly, the petitioners are ordered to be released on bail on each of them executing 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, Rajapalayam and on further condition that the petitioners shall appear before the Principal Sessions Court, Virudhunagar at Srivilliputhur, daily at 10.30 a.m., for a period of two weeks.

sd/- 21/12/2016 / TRUE COPY / (*)Amended as per order dated.11.01.2017 made in Crl.MP(MD)No.267/2017 in Crl.OP(MD)No.23606/2016.

Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO (*)To be substituted for the order already despatched 1 THE PRINCIPAL SESSIONS COURT, VIRUDHUNAGAR AT SRIVILLIPUTHUR, 2 THE JUDICIAL MAGISTRATE, RAJAPALAYAM 3 -do-thro THE CHIEF JUDICIAL MAGISTRATE VIRUDHUNAGAR DISTRICT AT SRIVILLIPUTHUR 4 THE SUPERINTENDENT, CENTRAL PRISON, MADURAI 5 THE OFFICER INCHARGE, SPECIAL PRISON FOR WOMEN, MADURAI 6 THE INSPECTOR OF POLICE, RAJAPALAYAM SOUTH POLICE STATION, VIRUDHUNAGAR DISTRICT.

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

+1. CC to M/S.G.MARIMUTHU Advocate SR.No.2382 sm:SS3:SAR I:21/12/2016:2P/9C ORDER IN CRL OP(MD) No.23606 of 2016 Date :21/12/2016 PBK/MPA/SAR-I 18/01/2017 ::2P-9C:

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