S.Tamilselvan, v. The Inspector Of Police,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Twelfth day of October Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice G.K.ILANTHIRAIYAN CRL OP(MD) No.18424 of 2018 S.TAMILSELVAN ... PETITIONER / ACCUSED (SOLE) Vs THE STATE REP.BY THE INSPECTOR OF POLICE, MUDUKULATHUR POLICE STATION, RAMANATHAPURAM DISTRICT.
(CRIME.NO.162/2017) ... RESPONDENT / COMPLAINANT For Petitioner : Mr.A.RAMALINGAM 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 petitioner is in judicial custody since 09.09.2017 for the offences punishable under Sections 302, 364, 397 r/w 394 I.P.C in Crime No.162 of 2017, on the file of the respondent Police. He seeks bail.
2.Heard the learned counsel appearing for the petitioner and the learned Additional Government Pleader appearing for the respondent.
3.The case of the prosecution is that on 23.08.2017, the defacto complainant's sister viz., Annal was found missing. Thereafter, the case has been registered under Section 174 Cr.P.C. for woman missing. On 08.09.2017, the petitioner voluntarily surrendered before the Village Administrative Officer and gave a confession that he had illegal intimacy with the deceased. He has borrowed several lan and he has to settle all the loan. Therefore, now the fact that the deceased mortgaged some jewels in the bank and got money to the tune of Rs.2,85,000/- in the I.O.B. Bank. Therefore, he used to lure money from the deceased. Hence, she refused to give the amount. As a result, he murdered the deceased. Hence, the complaint.
https://hcservices.ecourts.gov.in/hcservices/ 4.The learned counsel appearing for the petitioner would submit
that except the confession statement, there is no material to connect the petitioner with the occurrence.
5.The learned Additional Public Prosecutor appearing for the respondent would submit that charge sheet has been laid and have taken cognizance for the offences under Sections 302, 364, 397 r/w 394 I.P.C in S.C.No.94 of 2018, on the file of the learned Principal District and Sessions Judge, Ramanathapuram.
6.Considering the above facts and circumstances and also considering the period of incarceration undergone by the petitioner from 09.09.2017, 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, Mudukulathur, Ramanathapuram, (ii)the petitioner shall appear before the learned Principal District and Sessions Judge, Ramanathapuram daily at 10.30 a.m. until further orders;
sd/- 12/10/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1 THE PRINCIPAL DISTRICT AND SESSIONS JUDGE, RAMANATHAPURAM. 2 THE JUDICIAL MAGISTRATE,MUDUKULATHUR, RAMANATHAPURAM. 3 THE CHIEF JUDICIAL MAGISTRATE,RAMANATHAPURAM. 4 THE INSPECTOR OF POLICE, MUDUKULATHUR POLICE STATION, RAMANATHAPURAM DISTRICT. 5 THE SUPERINTENDENT,CENTRAL PRISON,MADURAI. +1. CC to M/S.A.RAMALINGAM Advocate SR.No.19564 PS/PN/SAR-3:12/10/2018:2P/7C
ORDER
IN CRL OP(MD) No.18424 of 2018 Date :12/10/2018 https://hcservices.ecourts.gov.in/hcservices/