M.Vijay v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Twentieth day of January Two Thousand Sixteen PRESENT The Hon`ble Ms.Justice V.M.VELUMANI CRL OP(MD) No.975 of 2016 1 M.VIJAY 2 K.MUTHUKUDAN 3 S.AYYAR @ MAHALINGAM ... PETITIONER(S) / ACCUSED Nos.4,5 & 9 Vs THE STATE REP.BY THE INSPECTOR OF POLICE M.PUDUPATTI POLICE STATION, SIVAKASI, VIRUDHUNAGAR DIST. CRIME NO. 120 OF 2015. ... RESPONDENT / COMPLAINANT For Petitioner : M/S.C.VAKEESWARAN Advocate For Respondent : Mr.A.P.Balasubramani, Government Advocate(Crl. Side) PETITION FOR BAIL Under Sec. 439 Cr.P.C.
ORDER : The Court Made the following order :- The petitioners, who are arrayed as A4, A5 and A9, in Crime No.120 of 2015 on the file of the respondent police, were arrested on 14.11.2015 for the alleged offences punishable under Sections 147, 148, 120(b), 341 and 302 of I.P.C., and hence, seek bail.
2. The case of the prosecution is that the deceased had illicit intimacy with the sister of A7 and daughter of A6 viz., Chithra, who is already married and having two children. The family members of the deceased have decided to arrange the marriage for the deceased Saravanan. At that time, the said Chithra pressurised the deceased to marry her, but the deceased refused to marry her. Due to that, she committed suicide. In view of the same, the petitioners and others attacked the wife of the deceased and conspired together and murdered the deceased and on the complaint, the case has been registered against the petitioners. 3.The case of the petitioners is that the petitioners are innocent and they have not committed any offence as alleged by the prosecution. The petitioners are arrayed as A4, A5 and A9 and there is no specific overt act attributed against these petitioners and they are in judicial custody from 14.11.2015.
4. The learned Government Advocate (Crl.side) submitted that the petitioners and others conspired together and murdered the deceased and except these petitioners, others are absconding. He further submitted that https://hcservices.ecourts.gov.in/hcservices/
this Court dismissed the anticipatory bail petition filed by A7 and the investigation is pending.
5.Considering the facts and circumstances of the case and also considering the facts that the alleged occurrence took place on 11.11.2015 and the petitioners are judicial custody from 14.11.2015, this Court is inclined to grant bail to the petitioners with certain conditions. Accordingly, the petitioners are ordered to be released on bail on their 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, Sivakasi and on further condition that the petitioners shall appear before the respondent police daily at 10.00 a.m., until further orders.
sd/- 20/01/2016 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1 THE JUDICIAL MAGISTRATE, SIVAKASI.
2 DO THRO THE CHIEF JUDICIAL MAGISTRATE, VIRUDHUNAGAR AT SRIVILLIPUTHUR. 3 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
4 THE INSPECTOR OF POLICE M.PUDUPATTI POLICE STATION, SIVAKASI, VIRUDHUNAGAR DISTRICT. 5 THE OFFICER INCHARGE, DISTRICT PRISON, VIRUDHUNAGAR. +1. CC to M/S.C.VAKEESWARAN Advocate SR.No.3174. TS/20.01.2016/2P-7C/ PM-MP/SAR II
ORDER
IN CRL OP(MD) No.975 of 2016 Date :20/01/2016 https://hcservices.ecourts.gov.in/hcservices/