Madras High CourtCRL OP(MD)/22861/2013bail granted

Sivakumar v. The Inspector Of Police

2013-12-19Honourable Mr Justice M. Sathyanarayanan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Nineteenth day of December Two Thousand Thirteen PRESENT The Hon`ble Mr.Justice M.SATHYANARAYANAN CRL OP(MD) Nos.22861 & 23039 of 2013 1 SIVA KUMAR 2 SATHISH ... PETITIONERS/ACCUSED No.2 & 5 IN CRL OP(MD)No.22861 of 2013 ARUNKUMAR ... PETITIONERS/ACCUSED No.3 IN CRL OP(MD)No.23039 of 2013 Vs THE STATE REP.BY THE INSPECTOR OF POLICE KOLLIDAM POLICE STATION, TRICHY DISTRICT.

CRIME NO.266/2013 ... RESPONDENT / COMPLAINANT SAME IN BOTH CASES For Petitioner : M/S.T.SENTHIL KUMAR Advocate IN CRL OP(MD)No.22861 of 2013 For Petitioner : M/S.N.ANANDA KUMAR Advocate IN CRL OP(MD)No.23039 of 2013 For Respondent : M/S.P.KANDASAMY, Govt. Advocate ( Crl. Side) IN BOTH CASES PETITION FOR BAIL Under Sec. 439 Cr.P.C.

ORDER : The Court Made the following order :- There are totally five accused in this case and the petitioners in Crl.O.P(MD)No.22861 of 2013, who are arrayed as A-2 & A-5 were arrested and remanded to judicial custody on 08.11.2013 and the petitioner in Crl.O.P(MD)No.23039 of 2013, who is arrayed as A-3 was arrested and remanded to judicial custody on 03.12.2013 for the alleged commission of offences punishable under Sections 147, 148, 294(b) and 302 of I.P.C., in Crime No.266 of 2013 on the file of the respondent police seek bail.

2. The case of the prosecution is that on 01.11.2013 at about 9.15 p.m., all the accused were in an inebriated condition. There was a wordy altercation and the de-facto complainant was attacked and at that time, Manohar(since deceased) came and made an attempt to rescue him and at this juncture, A-2 Sivakumar and A-3 Arunkumar have caught hold the deceased and A-1 inflicted him stab injury and consequently, he died.

3. The learned counsel for the petitioners/accused Nos.2 and 5, in Crl.O.P(MD)No.22861 of 2013 would submit that even as per the version of the prosecution, the first petitioner/A-2 is said to have caught hold the deceased and the second petitioner/A-5 is said to have pushed down the de-facto complainant.

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4. The learned counsel for the petitioner/A-3 in Crl.O.P(MD) No.23039 of 2013 would submit that even as per the version of the prosecution, the petitioner is said to have caught hold the deceased, except that, he has not been attributed with any other fatal overt act.

5. It is further submitted by respective counsel that A-4, who is said to have attacked the de-facto complainant, was enlarged on anticipatory bail by this Court vide order dated 09.12.2013 in Crl.O.P(MD)No.21980 of 2013.

6. The learned Government Advocate(Crl. Side) would submit that A-2 and A-3 had caught hold the deceased and A-5 had attacked the de-facto complainant and they do not have any bad antecedents.

7. Heard the learned counsel appearing for the petitioners and the learned Government Advocate (Crl. Side) appearing for the State and also perused the materials available on record.

8. Considering the facts and circumstances of the case, this Court is inclined to enlarge the petitioners on bail on the following conditions. Accordingly, the petitioners are directed to be released on bail on each of them executing 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, Trichy, and on further condition that the petitioners shall appear before the respondent police daily at 11.00 a.m., until further orders.

sd/- 19/12/2013 / TRUE COPY / Sub-Assistant Registrar (C.S.) TO 1 THE JUDICIAL MAGISTRATE NO.IV, TRICHY.

2 -DO-THRO' THE CHIEF JUDICIAL MAGISTRATE, TRICHY. 3 THE INSPECTOR OF POLICE, KOLLIDAM POLICE STATION, TRICHY DT, 4 THE SUPERINTENDENT, CENTRAL PRISON, TRICHY. 5 THE ADDL. PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S.T.SENTHIL KUMAR Advocate SR.No.63582. +1. CC to M/S.N.ANANDA KUMAR Advocate SR.No.63588.

ORDER

IN CRL OP(MD) No.22861 AND 23039 of 2013 Date :19/12/2013 msm 19.12.2013 p2-8c https://hcservices.ecourts.gov.in/hcservices/