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Madras High CourtCRL OP(MD)/19099/2018ordered

Ramkumar, S/O.Santharam, v. The Inspector Of Police,

2018-10-30Honourable Mr Justice G.K. Ilanthiraiyan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Thirtieth day of October Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice G.K.ILANTHIRAIYAN CRL OP(MD) No.19099 of 2018 RAMKUMAR ... PETITIONER / ACCUSED NO.1 Vs STATE REP. BY THE INSPECTOR OF POLICE, NAGAMALAI PUDUKKOTTAI POLICE STATION, MADURAI DISTRICT.

CRIME NO.493 OF 2018 ... RESPONDENT / COMPLAINANT For Petitioner : MR.F.DEEPAK Advocate For Respondent : MR.V.NEELAKANDAN, Additional Public Prosecutor PETITION FOR BAIL Under Sec. 439 Cr.P.C.

ORDER : The Court Made the following order :- The petitioner is in judicial custody since 19.09.2018 for the offence punishable under Section 174 Cr.P.C @ 302 I.P.C in Crime No.493 of 2018, on the file of the respondent police. He seeks bail. 2.The case of the prosecution is that on 12.09.2018, the deceased Dharmaraj along with his friends went to the Nilaiyur river near Ramanathan Thoppu at Vadivelkarai and having consumed liquor and on the same day at 9.00 p.m, all the persons disbursed, except the first and second accused staying back at the river. At that time, there was a wordy quarrel arose between the deceased and the accused nos.1 and 2, due to that, the accused nos.1 and 2 have murdered the deceased. Hence, the complaint.

3.The learned counsel for the petitioner would submit that the petitioner has been falsely implicated in this case. He is no way connected with the alleged occurrence. He is in incarceration from 19.09.2018 onwards. Hence, he prays for grant of bail to the petitioner.

4.The learned Additional Public Prosecutor appearing for the respondent would submit that the petitioner and another accused have murdered the deceased. Further, he would submit that the investigation is pending.

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5.Considering the facts and circumstances and also considering the period of incarceration of the petitioner, this Court is inclined to grant bail to the petitioner with certain 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 No.VI, Madurai.

(ii)the petitioner shall appear before the respondent police daily at 10.30 a.m until further orders.

sd/- 30/10/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE NO.VI, MADURAI.

2 -DO- THROUGH THE CHIEF JUDICIAL MAGISTRATE, MADURAI.

3 THE INSPECTOR OF POLICE, NAGAMALAI PUDUKKOTTAI POLICE STATION, MADURAI DISTRICT.

4 THE SUPERINTENDENT, CENTRAL PRISON, MADURAI.

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

+1. CC to M/S.F.DEEPAK Advocate SR.No. 20571

ORDER

IN CRL OP(MD) No.19099 of 2018 Date :30/10/2018 JM/PN/SAR 3/30.10.2018/2P/7C https://hcservices.ecourts.gov.in/hcservices/