Kanikumar @ Ganesan, v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Twenty Seventh day of July Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN CRL OP(MD) No.13227 of 2018 1 KANIKUMAR @ GANESAN 2 BOOMI ... PETITIONERS / ACCUSED Nos.2 & 3 Vs THE STATE REPRESENTED BY THE INSPECTOR OF POLICE S.S.COLONY POLICE STATION, MADURAI DISTRICT CR.NO.301 OF 2018 ... RESPONDENT / COMPLAINANT For Petitioners : Mrs.N.RANJITH Advocate For Respondent : Mr.A.ROBINSON, Govt. Advocate ( Crl. Side) PETITION FOR BAIL Under Sec. 439 Cr.P.C.

ORDER : The Court Made the following order :- The petitioners are in custody since 10.05.2018 for the offences under Sections man missing @ 120 (b), 302 and 201 of I.P.C in Crime No.301 of 2018, on the file of the respondent Police and seek bail.

2.Heard the learned counsel appearing for the petitioners and the learned Government Advocate (Crl. side) appearing for the respondent.

3.It is seen that the son of the first accused developed certain bad habits and was harassing the father and there were constant quarrels between the father and the son. In these circumstances, the first accused is said to have done away with his son. The first accused subsequently passed away due to other ailments. The petitioners are said to have assisted in the killing of the son of the first accused. The petitioners are not having any previous case to their credit.

4.Considering the facts and circumstances of the case and also considering the period of incarceration undergone by them, this Court is inclined to grant bail to the petitioners with certain https://hcservices.ecourts.gov.in/hcservices/

condition. Accordingly, the petitioners are ordered to be released on bail, subject to the following conditions; (i) the petitioners shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand Only) each with two sureties, each for a like sum to the satisfaction of the learned Judicial Magistrate Court No.V, Madurai.

(ii)the petitioners are directed to appear before the respondent police as and when required for interrogation. (iii)on breach of any of the aforesaid conditions, the Magistrate/Trial Court is entitled to take appropriate action against the petitioners in accordance with law as if the conditions have been imposed and the petitioners released on bail by the Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005) AIR SCW 5560]. sd/- 27/07/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE NO.V, MADURAI 2 DO-THROUGH THE CHIEF JUDICIAL MAGISTRATE, MADURAI 3 THE INSPECTOR OF POLICE S.S.COLONY POLICE STATION, MADURAI DISTRICT 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT,MADURAI 5 THE SUPERINTENDENT, CENTRAL PRISON, MADURAI +1. CC to M/S.N.RANJITH Advocate SR.No.14278 TSG JAM/27/07/2018/MMS /SAR 4/ 2P-7C

ORDER

IN CRL OP(MD) No.13227 of 2018 Date :27/07/2018 https://hcservices.ecourts.gov.in/hcservices/