Madras High CourtCRL OP(MD)/3826/2017disposed of

Murugesan v. The Inspector Of Police

2017-04-04Honourable Dr Justice G. Jayachandran2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Fourth day of April Two Thousand Seventeen PRESENT The Hon`ble Dr.Justice G.JAYACHANDRAN CRL OP(MD) No.3826 of 2017 MURUGESAN ... PETITIONER/ACCUSED NO.I Vs STATE THROUGH THE INSPECTOR OF POLICE KOVILPATTI EAST POLICE STATION, THOOTHUKUDI DISTRICT.

CRIME NO. 75 OF 2017 ... RESPONDENT/COMPLAINANT For Petitioner : M/S.G.BHAGAVATHI SINGH Advocate For Respondent : MR.K.V.RAJARAJAN, Govt. Advocate ( Crl. Side) PETITION FOR BAIL Under Sec. 439 Cr.P.C.

ORDER : The Court Made the following order :- The petitioner herein, who is arrayed as first accused in Crime No.75 of 2017 on the file of the respondent Police, for the alleged offences under Section 302 IPC, seeks bail.

2.The case of the prosecution is that due to previous enmity, this petitioner and his mother doused the deceased Shanmugam with Kerosene and set him to fire on 23.01.2017. As a consequence, Shanmugam succumb to burn injuries on the same day. This petitioner was arrested by the Police on 02.02.2017.

3.The case of the petitioner is that he is an innocent and he has nothing to do with the alleged crime. However, on suspicion, his mother was arrested and consequently he was also implicated in the crime. He is in jail for the past 61 days. 4.The learned Government Advocate (Crl.Side) submits that the investigation is almost completed except the postmortem report. 5.Considering the rival submissions made by the parties, this Court is of the opinion that the petitioner may be granted bail, subject to conditions. Accordingly, the petitioner is ordered to be released on bail, subject to the following conditions:- https://hcservices.ecourts.gov.in/hcservices/ (i)The petitioner shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand Only) each, with two sureties for a like sum to

the satisfaction of the Judicial Magistrate No.II, Kovilpatti. (ii)The petitioner shall report before the respondent/police daily at 10.00 a.m., until further orders.

(iii)The petitioner shall not tamper with the evidence or witnesses either during investigation or trial. (iv)The petitioner shall not abscond either during investigation or trial.

sd/- 04/04/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE NO.II,KOVILPATTI. 2 THE CHIEF JUDICIAL MAGISTRATE, THOOTHUKUDI DISTRICT. 3 THE INSPECTOR OF POLICE KOVILPATTI EAST POLICE STATION, THOOTHUKUDI DISTRICT. 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

5 THE SUPERINTENDENT, CENTRAL PRISON, PALAYAMKOTTAI. +1. CC to M/S.G.BHAGAVATHI SINGH Advocate SR.No.19655 NBI CSL/KKR/SAR-II/07.04.2017 : 2P/7C

ORDER

IN CRL OP(MD) No.3826 of 2017 Date :04/04/2017 https://hcservices.ecourts.gov.in/hcservices/