Ganesan @ Nandhu v. The Inspector Of Police
CRL OP(MD). No.12418 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 20/07/2022 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN CRL OP(MD). No.12418 of 2022 Ganesan @ Nandhu ... Petitioner/Sole Accused Vs The State rep.by The Inspector of Police, Puliyangudi Police Station, Tenkasi, Tirunelveli District.
Crime No.215/2022 ... Respondent/Complainant For Petitioner : M/s.KALIDOSS.G, Advocate.
For Respondent : Mr.R.M.ANBUNITHI, Additional Public Prosecutor PETITION FOR BAIL Under Sec.439 of Cr.P.C.
PRAYER :- For Bail in Crime No.215 of 2022 on the file of the Respondent Police.
ORDER : The Court made the following order :- The petitioner/Sole Accused, who was arrested on 17.05.2022 for the alleged offences under Sections 294(b), 323, 324, 302 & 506(ii) of IPC, in Crime No.215 of 2022 on the file of the respondent police, seeks bail.
2.The case of the prosecution is that the deceased is the relative of the petitioner's wife. The petitioner's wife had illegal intimacy with deceased, over which, a frequent quarrel arose between the petitioner and his wife and also with the deceased/Balakrishnan. Thereafter, a compromise reached between the husband and wife and again the petitioner suspected their relationship and started a quarrel to his wife. On the date of occurrence, the petitioner went to the deceased house and assaulted him with stones and caused serious injuries to him. As a result of which, the deceased died. Hence, the complaint. 3.The learned counsel for the petitioner submitted that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution. He would further submit that the petitioner is in judicial custody from 17.05.2022. 4.The learned Government Advocate(Crl.side) appearing for the respondent police submitted that the petitioner's wife and the deceased are close relatives. The petitioner suspected their https://www.mhc.tn.gov.in/judis 1/2
CRL OP(MD). No.12418 of 2022 relationship and picked quarrel with her wife and also the deceased. On the date of occurrence also a quarrel arose between the petitioner and the deceased and the petitioner attacked the deceased with stone and hands. As a result of which, the deceased sustained serious injuries and died in the hospital.
5. On perusal of CD file, it appears that it is not a preplanned murder. 6.Considering the facts and circumstances of this case and considering the period of incarceration, this Court is inclined to grant bail to the petitioner with certain conditions. 7.Accordingly, this Criminal Original Petition is allowed and the petitioner is ordered to be released on bail, on executing a personal 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, Sivagiri, and on further condition that the petitioner shall report before the respondent police daily at 10.30 a.m. until further orders.
sd/- 20/07/2022 / TRUE COPY / 20/07/2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
Note :In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate / litigant concerned.
TO 1 THE JUDICIAL MAGISTRATE, SIVAGIRI 2 DO-THROUGH : THE CHIEF JUDICIAL MAGISTRATE, TIRUNELVELI DISTRICT. 3 THE SUPERINTENDENT, CENTRAL PRISON, PALAYAMKOTTAI. 4 THE INSPECTOR OF POLICE, PULIYANGUDI POLICE STATION, TENKASI, TIRUNELVELI DISTRICT.
5 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1. CC to M/S.KALIDOSS G Advocate SR.No. 7360 ORDER IN CRL OP(MD) No.12418 of 2022 Date :20/07/2022 SA/VR/SAR.1/20.07.2022/2P/7C https://www.mhc.tn.gov.in/judis 2/2