Alagarsamy v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Sixteenth day of June Two Thousand Sixteen PRESENT The Hon`ble Ms.Justice V.M.VELUMANI CRL OP(MD) No.9460 of 2016 ALAGARSAMY ... PETITIONER/SOLE ACCUSED Vs STATE REP.BY THE INSPECTOR OF POLICE SILAIMAN POLICE STATION, MADURAI DISTRICT CR NO. 163 OF 2016 ... RESPONDENT/COMPLAINANT For Petitioner : M/S R.ALAGUMANI Advocate For Respondent : MR.P.KANNITHEVAN, Govt. Advocate ( Crl. Side) PETITION FOR BAIL Under Sec. 439 Cr.P.C.

ORDER : The Court Made the following order :- The petitioner, who is the sole accused, in Crime No.163 of 2016 on the file of the respondent police, was arrested and remanded to judicial custody on 24.04.2016 for the alleged offences punishable under Sections 294(b), 323 and 506(i) of IPC @ Section 302 of IPC and hence,seeks bail.

2. The case of the prosecution is that the deceased borrowed money from the petitioner, when the petitioner demanded for repayment, there was a wordy quarrel arose between them. Due to that, the petitioner attacked the deceased with wooden reaper and caused injuries and subsequently, he died. On complaint, a case has been registered against the petitioners.

3. The learned counsel appearing for the petitioner submitted that the petitioner is innocent and he has not committed any offence as alleged by the prosecution. He further submitted that the deceased was aged about 85 years, on the date of occurance and due to money dispute, the petitioner name has been falsely implicated in this case. He further contended that the petitioner is a diabetic patient and Doctors advised him to take treatment and he requires continuous treatment for his ailment and prays for granting bail to the petitioner. https://hcservices.ecourts.gov.in/hcservices/

4. The learned Government Advocate(Crl.Side) would submit that due to money dispute, the petitioner attacked the deceased with wooden reaper and caused death and the investigation of the case is pending.

5. Considering the facts and circumstances of the case and also considering the fact the petitioner is in judicial custody from 24.04.2016, this Court is inclined to enlarge the petitioner on bail with certain conditions. Accordingly, the petitioner is ordered to be released on bail on his 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-II, Madurai and on further condition that the petitioner shall appear before the respondent Police daily at 10.00 am until further orders. sd/- 16/06/2016 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE NO.II MADURAI.

2 DO-THRO'THE CHIEF JUDICIAL MAGISTRATE MADURAI DISTRICT.

3 THE SUPERINTENDENT, CENTRAL PRISON,MADURAI.

4 THE INSPECTOR OF POLICE SILAIMAN POLICE STATION, MADURAI DISTRICT.

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

+1. CC to M/S R.ALAGUMANI Advocate SR.No.31032

ORDER

IN CRL OP(MD) No.9460 of 2016 Date :16/06/2016 PA/AAL-MPA/SAR II/16.06.2016/2P/7C https://hcservices.ecourts.gov.in/hcservices/