Mohan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Seventeenth day of June Two Thousand Sixteen PRESENT The Hon`ble Ms.Justice V.M.VELUMANI CRL OP(MD) No.9533 of 2016 1 MOHAN 2 MUNEES @ MUNEESWARAN ... PETITIONERS/ACCUSED No.1 & 2 Vs THE STATE REP. BY THE INSPECTOR OF POLICE PERUNGUDI POLICE STATION, MADURAI DISTRICT.

(CRIME NO. 121 OF 2016) ... RESPONDENT/ COMPLAINANT For Petitioner : M/S S.MUNIYANDI Advocate For Respondent : Mr.K.Anbarasan, 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 accused Nos.1 and 2, who were arrested and remanded to judicial custody on 26.04.2016 for the alleged offences punishable under Section 307 I.P.C. @ Sections 302 and 506(ii) I.P.C., in Crime No.121 of 2016, on the file of the respondent police and hence, seek bail.

2.The case of the prosecution is that the husband of the de facto complainant had illicit intimacy with the mother of the petitioner. Due to that and also due to money dispute, on 22.04.2016, the petitioners armed with aruval and assaulted the husband of the de facto complainant indiscriminately and caused injuries. Due to the injuries sustained by him, he died on 23.04.2016. On complaint, originally case was registered under Section 307 I.P.C. and thereafter altered into Sections 302 and 506 (ii) I.P.C.

3.The case of the petitioners is that the petitioners are innocent persons and they have not committed any offence as alleged by the prosecution. There was a money dispute between the petitioners and deceased and the deceased had illicit intimacy with the mother of the first petitioner. There was a wordy quarrel arose https://hcservices.ecourts.gov.in/hcservices/

between the petitioner and deceased and the petitioners are in judicial custody from 26.04.2016.

4.The learned Government Advocate(Crl.side) submitted that due to motive regarding money transaction and also the deceased had intimacy with the mother of the first petitioners, the petitioners questioned the deceased at the time of consuming liquor and attacked him with deadly weapons and caused death and both the petitioners are having three previous cases for the offence under Section 302 I.P.C.

5.Considering the facts and circumstances of the case and also considering the fact that the petitioners are in judicial custody from 26.04.2016, this Court is inclined to enlarge the petitioners on bail 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 No.VI, Madurai and on further condition that the petitioners shall stay at Perambalur and appear the Inspector of Police, Perambalur Police Station daily at 10.00 a.m. until further orders.

sd/- 17/06/2016 / 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 THRO' THE CHIEF JUDICIAL MAGISTRATE, MADURAI. 3 THE INSPECTOR OF POLICE, PERUNGUDI POLICE STATION, MADURAI DISTRICT.

4 THE SUPERINTENDENT, CENTRAL PRISON, MADURAI. 5 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

6 THE INSPECTOR OF POLICE, PERAMBALUR POLICE STATION, PERAMBALUR.

+1. CC to M/S S.MUNIYANDI Advocate SR.No.31056 SMN AM/AAL-MPA/SAR-I/17.06.2016/2P-8C

ORDER

IN CRL OP(MD) No.9533 of 2016 Date :17/06/2016 https://hcservices.ecourts.gov.in/hcservices/