Sathya Narayanan v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Tenth day of August Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice G.K.ILANTHIRAIYAN CRL OP(MD) No.14190 of 2018 SATHYA NARAYANAN ... PETITIONER/ 2nd ACCUSED Vs STATE REP.BY THE INSPECTOR OF POLICE, THALAMUTHU NAGAR POLICE STATION, THALAMUTHU NAGAR, THOOTHUKUDI DISTRICT.
IN CRIME NO.221 OF 2018 ... RESPONDENT / COMPLAINANT For Petitioner : Mr.N.PRAGALATHAN, 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 petitioner is in judicial custody since 24.06.2018 for the offences punishable under Section 174 Cr.P.C @ Sections 201 and 302 I.P.C. in Crime No.221 of 2018 on the file of the respondent police. He seeks bail.
2.The case of the prosecution is that the first accused Subramani has four daughters. The petitioner herein got married to one of the daughters of the first accused. The deceased is the sonin-law of the first accused. The deceased was having the habit of consuming liquor. On 22.06.2018 at midnight the deceased in a drunken mood tortured A1's daughter. Therefore, Accused No.1 and the petitioner/A2 attacked the deceased with wooden log. Hence, the complaint.
3.The learned counsel for the petitioner would submit that the petitioner is also son-in-law of the first accused. There is no specific overt act against the petitioner in the First Information Report. The petitioner was arrested and remanded to judicial custody on 24.06.2018. He is in incarceration for more than 45 days. He further submits that A1 was already granted bail by this Court. Hence, he prays for bail.
4.The learned Additional Public Prosecutor appearing for the respondent submits that totally there are two accused in this case. The petitioner is arrayed as Accused No.2.
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5.It is seen that this Court already granted bail to the first accused in Crl.O.P(MD).No.13863 of 2018, dated 03.08.2018. Considering the above facts and circumstances and also considering the period of incarceration of the petitioner, this Court is inclined to grant bail to the petitioner. Accordingly, the petitioner is ordered to be released on bail subject to the following conditions:
(i) the petitioner shall execute 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.II, Thoothukudi.
(ii)the petitioner shall appear before the respondent police daily at 10.30 a.m. until further orders;
sd/- 10/08/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO
1. THE JUDICIAL MAGISTRATE NO.II, THOOTHUKUDI.
2. DO-THROUGH THE CHIEF JUDICIAL MAGISTRATE, THOOTHUKUDI DISTRICT.
3. THE SUPERINTENDENT,CENTRAL PRISON, PALAYAMKOTTAI.
4. THE INSPECTOR OF POLICE, THALAMUTHU NAGAR POLICE STATION, THALAMUTHU NAGAR, THOOTHUKUDI DISTRICT.
5. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1. CC to Mr.N.PRAGALATHAN Advocate SR.No.15313
ORDER
IN CRL OP(MD) No.14190 of 2018 Date :10/08/2018 MS/PN/SAR-4/10.08.2018/2P.7C https://hcservices.ecourts.gov.in/hcservices/