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Madras High CourtCRL OP(MD)/14342/2018allowed

Muraleeswaran v. The Inspector Of Police

2018-08-13Honourable Mr Justice G.K. Ilanthiraiyan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Thirteenth day of August Two Thousand and Eighteen PRESENT The Hon`ble Mr.Justice G.K.ILANTHIRAIYAN CRL OP(MD) No.14342 of 2018 1.MURALEESWARAN 2.KALAISELVAN ... PETITIONERS / ACCUSED 12 & 6 Vs THE STATE REPRESENTED BY, THE INSPECTOR OF POLICE, SIVAKASI EAST POLICE STATION, SIVAKASI, VIRUDHUNAGAR DISTRICT.

CRIME NO.592 OF 2018 ... RESPONDENT / COMPLAINANT For Petitioners : Mr.S.M.ANANTHA MURUGAN, 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 26.05.2018 and 03.06.2018, for the offences punishable under Sections 147, 148, 294 (b), 342, 302 and 120(b) of IPC in Crime No.592 of 2018 on the file of the respondent police. They seek bail.

2.The case of the prosecution is that on 10.05.2018, there was a pettty quarrel that the deceased and his friends have attacked the 12th accused. In view of the occurrence, the deceased and his friends were arrested and released on bail. Due to the said motive, on 23.05.2018, the accused persons planned and conspired together to kill the deceased. On 24.05.2018, the 7th accused attacked the deceased to the place of occurrence. The first accused attacked the deceased with aruval on his back side of the neck and the 3rd accused throttle the neck of the deceased with knife. The petitioners and others have caught hold the legs of the deceased. Hence, the complaint.

3.Heard the learned counsel for the petitioners and the learned Additional Public Prosecutor for the respondent. https://hcservices.ecourts.gov.in/hcservices/ 4.The learned counsel for the petitioners would submit that as far as the petitioners are concerned, they along with others hold

the legs of the deceased and he would further submit that the other accused persons are granted bail by this Court in Crl.O.P.(MD). No.11642 of 2018 by an order dated 11.07.2018. Hence, he prays for grant of bail to the petitioner.

5.Considering the facts and circumstances of the case and also considering the period of incarceration of the petitioner from 25.05.2018 and also, the four accused persons similarly, granted bail by this Court. As such, this Court is inclined to grant bail to the petitioners/Accused Nos.12 and 6. Accordingly, the petitioners/Accused Nos-12 and 6 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.II, Srivilliputhur.

(ii)the petitioners shall appear before the respondent police daily at 10.30 a.m. until further orders; sd/- 13/08/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1.THE JUDICIAL MAGISTRATE NO.II, SIVAKASI.

2.DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, VIRUDHUNAGAR AT SRIVILLIPUTHUR.

3.THE OFFICER INCHARGE, SUB JAIL, VIRUDHUNAGAR.

4.THE INSPECTOR OF POLICE SIVAKASI EAST POLICE STATION, SIVAKASI, VIRUDHUANGAR DISTRICT.

5.THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S.S.M.ANANTHA MURUGAN, Advocate, SR.No.15459.

ORDER

IN RL OP(MD) No.14342 of 2018 Date :13/08/2018 SJI RAM/PN/SAR 2/13.08.2018/2P/7C https://hcservices.ecourts.gov.in/hcservices/