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Madras High CourtCRL OP(MD)/6531/2016allowed

Kandasamy v. The Inspector Of Police

2016-04-29Honourable Mr Justice G. Chockalingam2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Twenty Ninth day of April Two Thousand Sixteen PRESENT The Hon`ble Mr Justice G.CHOCKALINGAM CRL OP(MD) No.6531 of 2016 1 KANDASAMY 2 VELUCHAMY 3 KUPPUSAMY 4 VELUCHAMY ... PETITIONERS / ACCUSED 2 to 5 Vs THE STATE BY THE INSPECTOR OF POLICE KALLIMANTHAYAM POLICE STATION, DINDIGUL DISTRICT.

(CRIME NO. 58 OF 2016) ... RESPONDENT / COMPLAINANT For Petitioner : M/S C.SUSIKUMAR Advocate For Respondent : Mr.A.P.Balasubramani Govt. Advocate ( Crl. Side) PETITION FOR BAIL Under Sec. 439 Cr.P.C.

ORDER : The Court Made the following order :- The petitioners are arrayed as A2 to A5 and they were arrested and remanded to judicial custody on 03.03.2016 for the alleged offence punishable under Sections 147, 148, 294(b), 324, 354 and 506 (ii) of IPC @ 147, 148, 294(b), 324, 354 B, 506(ii) and 302 IPC in Crime No.58 of 2016 on the file of the respondent Police and hence, seek bail.

2.The learned counsel appearing for the petitioners would submit that the petitioners are in custody from 03.03.2016 onwards and a false case has been foisted against them. 3.The learned counsel for the intervenor submitted that it is a brutal murder and objected for granting bail to the petitioners. 4.The learned Government Advocate (Crl. side) would submit that A2 attacked with Aruval and A1 is still absconding. He further submitted that the investigation is almost over and awaiting for chemical analysis report.

5.Considering the facts and circumstances of the case, this Court is inclined to grant bail to the petitioners with certain conditions. Accordingly, the petitioners are ordered to be released on bail on executing a bond for a sum of Rs.10,000/- (Rupees Ten https://hcservices.ecourts.gov.in/hcservices/

Thousand only) with two sureties each for a like sum to the satisfaction of the learned Judicial Magistrate, Oddanchathiram, and on further condition that the petitioners shall appear before the Judicial Magistrate No.I, Nagercoil on all working days at 10.30 a.m until further orders.

sd/- 29/04/2016 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE, ODDANCHATHIRAM 2 -do-thro THE CHIEF JUDICIAL MAGISTRATE, DINDIGUL DISTRICT 3 THE JUDICIAL MAGISTRAE NO.I, NAGERCOIL 4 -do-thro THE CHIEF JUDICIAL MAGISTRATE, NAGERCOIL DISTRICT 5 THE OFFICER INCHARGE, DISTRICT JAIL, DINDIGUL 6 THE INSPECTOR OF POLICE KALLIMANTHAYAM POLICE STATION, DINDIGUL DISTRICT.

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

+1. CC to M/S T.Lenin Kumar, Advocate SR.No.25281 +1cc to M/s.C.Susikumar, Advocate SR.No.25272 sm:NGM-SS:SAR I:29.4.2016:2P/10C

ORDER

IN CRL OP(MD) No.6531 of 2016 Date :29/04/2016 https://hcservices.ecourts.gov.in/hcservices/