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Madras High CourtCRL OP(MD)/15546/2018ordered

Kannan v. The Inspector Of Police

2018-08-31Honourable Mr Justice G.K. Ilanthiraiyan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Thirty First day of August Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice G.K.ILANTHIRAIYAN CRL OP(MD) No.15546 of 2018 1 KANNAN 2 RAVI ESAKKI 3 RAMESH ... PETITIONERS / ACCUSED (RANK NOT KNOWN) Vs STATE REP.BY THE INSPECTOR OF POLICE, MUKKUDAL POLICE STATION, TIRUNELVELI DISTRICT.

IN CRIME NO.69 OF 2018 ... RESPONDENT / COMPLAINANT For Petitioners: Mr.M.PRABU, Advocate For Respondent : Mr.A.P.G.OHM CHAIRMA PRABHU, Govt. Advocate ( Crl. Side) PETITION FOR BAIL Under Sec. 439 Cr.P.C.

ORDER : The Court Made the following order :- The petitioners are in judicial custody since 04.08.2018, for the offences under Sections 294(b), 302 and 506 (ii) I.P.C. @ 147, 148, 120(b), 294(b), 302 and 506 (ii) I.P.C. in Crime No.69 of 2018, on the file of the respondent Police. They seek bail.

2. Heard the learned counsel appearing for the petitioners and the learned Government Advocate (Crl. side) appearing for the respondent.

3. The case of the prosecution is that on 05.04.2018, at about 7.45 p.m., due to money dispute between the deceased and the accused, the Accused Nos.1 to 3 joined together and stabbed the deceased with knife and aruval and caused death. The petitioners herein conspired together with A1 to A3 and planned to murder the deceased. In this case, the de facto complainant is the wife of the deceased. Hence the complaint.

4. The learned counsel appearing for the petitioners would submit that they have nothing to do with the crime. As per the allegations, the petitioners conspired with A1 to A3 to kill the deceased. However, A1 to A3 were already arrested and released on bail.

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5. Considering the above facts and circumstances and also considering the period of incarceration undergone by the petitioners from 04.08.2018, 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, Cheranmahadevi.

(ii)the petitioners shall report before the respondent Police daily at 10.30 a.m. until further orders;

sd/- 31/08/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO

1. THE JUDICIAL MAGISTRATE, CHERANMAHADEVI.

2. DO-THROUGH THE CHIEF JUDICIAL MAGISTRATE, TIRUNELVELI DISTRICT.

3. THE SUPERINTENDENT,CENTRAL JAIL, PALAYMKOTTAI.

4. THE INSPECTOR OF POLICE, MUKKUDAL POLICE STATION, TIRUNELVELI DISTRICT.

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

+1. CC to Mr.M.PRABU Advocate SR.No.16568

ORDER

IN CRL OP(MD) No.15546 of 2018 Date :31/08/2018 MS/PN/SAR-4/31.08.2018/2P.7C https://hcservices.ecourts.gov.in/hcservices/