Sundaramoorthy @ Sundar v. The Inspector Of Police,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Sixth day of August Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice G.K.ILANTHIRAIYAN CRL OP(MD) No.13888 of 2018 1.SUNDARAMOORTHY @ SUNDAR 2.SASIKUMAR ... PETITIONERS / ACCUSED 1&3 Vs THE STATE REPRESENTED BY THE INSPECTOR OF POLICE, THANJAVUR WEST POLICE STATION, THANJAVUR, Crime No.168/2018 ... RESPONDENT / COMPLAINANT For Petitioners : Mr.S.RAJAPRABU 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 petitioners are in judicial custody since 30.05.2018 and 02.06.2018 respectively, for the offences punishable under Sections 147, 148 and 302 I.P.C, in Crime No.168 of 2018 on the file of the respondent police. They seek bail.
2.Heard the learned counsel for the petitioners. 3.The learned Additional Public Prosecutor for the respondent submitted that the first accused is having one previous case. 4.The case of the prosecution is that the deceased Punniyamoorthy had a pork shop. The first accused has put up a cowmeat shop near the pork shop of the deceased. Due to business motive, the first accused along with his friends had attacked the deceased, thereby, he died on the spot. Hence, the case was registered against the accused.
5.The learned counsel for the petitioners would submit that the petitioners were arrested and remanded to judicial custody on 30.05.2018 and 02.06.2018 respectively. Due to business enmity, the offence took place. Further, he would submit that in this crime number A2, A5 and A6 were already granted bail by this Court in Crl.O.P(MD).No.13869 of 2018, dated 03.08.2018. Hence, he prays for bail.
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6.Considering the above facts and circumstances and also considering the period of incarceration of the petitioners, this Court is inclined to grant bail to the petitioners. 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 No.I, Thanjavur.
(ii)the petitioners shall stay at Pattukottai and report before the Inspector of Police, Town Police Station, Pattukottai daily twice i.e. morning at 10.30 a.m. and evening at 5.30 p.m. until further orders;
sd/- 06/08/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1.THE JUDICIAL MAGISTRATE NO I, THANJAVUR.
2.THE CHIEF JUDICIAL MAGISTRATE THANJAVUR AT KUMBAKONAM.
3.THE INSPECTOR OF POLICE, THANJAVUR WEST POLICE STATION, THANJAVUR.
4.THE INSPECTOR OF POLICE, TOWN POLICE STATION, PATTUKOTTAI.
5.THE SUPERINTENDENT CENTRAL PRISON, TRICHY.
6.THE ADDITIONAL PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1. CC to Mr.S.RAJAPRABU Advocate SR.No.15167
ORDER
IN CRL OP(MD) No.13888 of 2018 Date :06/08/2018 TK/PN/SAR.1/06.08.2018/2P-8C https://hcservices.ecourts.gov.in/hcservices/