Mathivanan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 15/09/2023 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN Mathivannan ... Petitioner/Accused No.1 Vs.

The Inspector of Police, Pudukkottai Town Police Station, Pudukkottai District.

Crime No.284 of 2023.

... Respondent/Complainant For Petitioner : Mr.D.RAMESHKUMAR, Advocate For Respondent : Mr.B.NAMBISELVAN, Additional Public Prosecutor PETITION FOR BAIL Under Sec.439 of Cr.P.C.

PRAYER :- For Bail in Crime No.284 of 2023 on the file of the respondent police. ORDER : The Court made the following order :- The petitioner/Accused No.1, who was arrested on 01.07.2023 for the alleged offence under Sections 294(b), 302 and 506(ii) IPC, in Crime No.284 of 2023, on the file of the respondent police, seeks bail.

2. The case of the prosecution is that the petitioner's father and the decceased are brothers and the defacto complainant is the wife of the deceased. There is a long standing enmity with regard to partition of properties between them. Due to such 1/3

motive, on 30.06.2023 at about 9.50 p.m., the petitioner and other accused persons came to the house of the defacto complainant with aruval, assaulted the husband of defacto complainant and murdered him and also threatened the defacto complainant with dire consequences. Hence, the complaint. 3.The learned counsel for the petitioner would submit that the petitioner is an innocent and he never committed any such offences as alleged by the prosecution. The petitioner is in custody from 01.07.2023. Hence, prays to release him on bail.

4. The learned Government Advocate (Crl. Side) for the respondent police submitted that the first accused and the deceased are close relatives and due to the civil dispute, the above said occurrence said to have taken place. Further, the coaccused have been granted bail by the learned Principal Sessions Judge, Pudukkottai, dated 12.09.2023.

5. Considering the nature of offence and also considering that the co-accused have been granted bail and the period of incarceration, this Court is inclined to grant bail to the petitioner with certain conditions. 6.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) each with two sureties each for a like sum to the satisfaction of the learned Judicial Magistrate No.I, Pudukkottai, and on further 2/3

condition that the petitioner shall report before the respondent police daily at 10.30 a.m. until further orders.

sd/- 15/09/2023 / TRUE COPY / 15/09/2023 Sub-Assistant Registrar (C.S. ) Madurai Bench of Madras High Court, Madurai - 625 023.

INDU TO 1 THE JUDICIAL MAGISTRATE NO.I, PUDUKOTTAI.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, PUDUKOTTAI DISTRICT.

3 THE OFFICER INCHARGE, DISTRICT PRISON, PUDUKKOTTAI.

4 THE INSPECTOR OF POLICE, PUDUKKOTTAI TOWN POLICE STATION, PUDUKKOTTAI DISTRICT.

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

ORDER IN CRL OP(MD) No.16696 of 2023 Date :15/09/2023 SA/SAR. /15.09.2023/3P/C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023. 3/3