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Madras High CourtCRL OP(MD)/16789/2018ordered

Kaleeswaran@ Kudil Kaleeswaran v. The Inspector Of Police

2018-09-28Honourable Mr Justice G.K. Ilanthiraiyan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Twenty Eighth day of September Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice G.K.ILANTHIRAIYAN CRL OP(MD) No.16789 of 2018 KALEESWARAN @ KUDIL KALEESWARAN ... PETITIONER / ACCUSED NO.9 Vs STATE REP. BY THE INSPECTOR OF POLICE, KEERAITHURAI POLICE STATION, IN CRIME NO.396/2018, MADURAI DISTRICT. ... RESPONDENT / COMPLAINANT For Petitioner : M/S.R.RAJAMOHAN Advocate For Respondent : M/S.M.ANANTHA DEVI, Govt. Advocate ( Crl. Side) PETITION FOR BAIL Under Sec. 439 Cr.P.C.

ORDER : The Court Made the following order :- The petitioner is in judicial custody since 08.06.2018 for the offences punishable under Sections 147, 148, 341, 294(b), 302 and 506(2) IPC, in Crime No.396 of 2018 on the file of the respondent police. He seeks bail.

2.Heard the learned counsel for the petitioner and the learned Government Advocate (Crl. Side) for the respondent. 3.The case of the prosecution is that the petitioner and other accused waylaid the deceased and attacked him with knife and aruval and caused grievous injuries. Subsequently, Velkumar died. Hence, the complaint.

4.The learned counsel for the petitioner would submit that the co-accused were already released on bail on 04.10.2018 and He further submitted that the petitioner is in judicial custody from 08.06.2018 onwards. Hence, he prays for grant of bail to the petitioner.

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5.The learned Government Advocate (Crl. Side) for the respondent submitted that the petitioner is having one previous case. In the present case, the deceased had 27 cut injuries and he died. A charge sheet has also been laid in PRC.No.110 of 2018 on 31.08.2018.

6.Considering the fact that the co-accused were released on bail 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.IV, Madurai.

(ii)the petitioner shall appear before the respondent police daily at 10.30 a.m. until further orders;

sd/- 28/09/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE NO.IV, MADURAI.

2 -DO- THROUGH THE CHIEF JUDICIAL MAGISTRATE, MADURAI.

3 THE INSPECTOR OF POLICE, KEERAITHURAI POLICE STATION, MADURAI DISTRICT. 4 THE SUPERINTENDENT, CENTRAL PRISON, MADURAI.

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

+1. CC to M/S.R.RAJAMOHAN Advocate SR.No.13235

ORDER

IN CRL OP(MD) No.16789 of 2018 Date :28/09/2018 https://hcservices.ecourts.gov.in/hcservices/ JM/MMS/SAR 4/01.10.2018/2P/7C