Bharathi @ Bharathidasan, v. The Inspector Of Police,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Fourteenth day of August Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice G.K.ILANTHIRAIYAN CRL OP(MD) No.14421 of 2018 1 BHARATHI @ BHARATHIDASAN 2 PETROL MANI @ MANIKANDAN ... PETITIONERS/ ACCUSED NO.1 & 2 Vs STATE REP.BY THE INSPECTOR OF POLICE, THIRUNEELAKKUDI POLICE STATION, THANJAVUR DISTRICT.
CRIME NO.108 OF 2018 ... RESPONDENT / COMPLAINANT For Petitioners: Mr.M.ESWARAN, 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 16.06.2018 for the offences punishable under Sections 147, 148, 294(b), 302, 109, 120(b) I.P.C. in Crime No.108 of 2018 on the file of the respondent police. They seek bail.
2.The case of the prosecution is that on 14.06.2018 the deceased and one Rajkumar were coming on their motor cycle for their personal work, at that time, they were hit by another vehicle driven by the accused persons. Due to hit the two wheeler, the deceased and his friend Rajkumar had fallen down. The deceased already involved in one murder case and he was recently released on bail. Due to business motive, the accused persons assaulted the deceased by deadly weapon and he died. Hence, the complaint. 3.The learned counsel for the petitioners would submit that the said occurrence took place with business motive. The petitioners were arrested and remanded to judicial custody on 16.06.2018. They are in incarceration for more than two months. They have no previous case. He further submitted that the injured was taken to the hospital whereupon the said Sathish @Satheshkumar succumbed to injuries and was declared dead. Hence, he prays for grant of bail to the petitioners.
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4.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, Kumbakonam.
(ii)the petitioners shall report before the respondent police daily at 10.30 a.m until further orders.
sd/- 14/08/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO
1. THE JUDICIAL MAGISTRATE NO.I, KUMBAKONAM.
2. DO-THROUGH THE CHIEF JUDICIAL MAGISTRATE, THANJAVUR DISTRICT AT KUMBAKONAM.
3. THE SUPERINTENDENT,CENTRAL PRISON, TRICHY.
4. THE INSPECTOR OF POLICE, THIRUNEELAKKUDI POLICE STATION, THANJAVUR DISTRICT.
5. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1. CC to Mr.M.ESWARAN Advocate SR.No.15575
ORDER
IN CRL OP(MD) No.14421 of 2018 Date :14/08/2018 MS/PN/SAR-4/14.08.2018/2P.7C https://hcservices.ecourts.gov.in/hcservices/