1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT (Criminal Jurisdiction) Friday, the Thirtieth day of September Two Thousand Eleven PRESENT The Hon`ble Ms.Justice R.MALA CRL OP(MD) No.12190 of 2011 1 N.P. SHANMUGAM 2 SHANKAR :PETITIONER / ACCUSED 1 AND 2 -Vs- THE STATE REP. BY THE INSPECTOR OF POLICE, CHINNADHARAPURAM POLICE STATION, KARUR DISTRICT. CRIME NO.148/2011 :RESPONDENT / COMPLAINANT For Petitioner : M/S. K.R.LAXMAN, Advocate For Respondent : MR.A.RAMAR, ADDITIONAL PUBLIC PROSECUTOR. PETITION FOR BAIL Under Sec.439 Cr.P.C. ORDER:The Court Made the following order:- The petitioners are arrayed as A1 and A2 and they were arrested and remanded to judicial custody 19.08.2011 for the alleged offence punishable under sections 294(b), 323, 324 and 506(i) I.P.C and altered into one Section 302 I.P.C. in Crime No.148 of 2011, on the file of the respondent and hence, seek bail. 2.The learned counsel for the petitioners would submit that one of the accused A3 was eve-teased by the deceased, that has been questioned by A1 to A3, in the transaction, the deceased has sustained injury and hence, a case has been registered under Sections 294(b), 323, 324 and 506(i) I.P.C. on 18.08.2011. He further submitted that the injured has admitted in this hospital, but subsequently, he was died on 22.08.2011, thereafter, the case has been altered into 302 I.P.C. He further submitted that they are not having any motive for the commission of murder and the occurrence has been taken place only on sudden provocation, since one of the accused was eve-teased by the deceased and he is in custody for the past 40 days and hence, they have come forward with the present petition for bail. 3.Repudiating the same, the learned Additional Public Prosecutor would submit that A1's daughter was eve-teased by the https://hcservices.ecourts.gov.in/hcservices/ 2 deceased, the occurrence has been taken place, due to which, the deceased has sustained injury and hence, a case has been registered under sections 294(b), 323, 324 and 506(i) I.P.C. and after the death of the deceased, case has been altered into section 302 I.P.C. He further submitted that A1 has assaulted the deceased with stick on the right wrist of the deceased and also throttled the neck of the deceased and twisted the right hand, due to which he sustained fracture and A2 has abused him and made a criminal intimidation to the deceased. He further submitted that the investigation is going on, and hence, he prays for dismissal of the applications. 4.Considering the facts and circumstances of this case and on perusal of the F.I.R., it is seen that the alleged occurrence has been taken place on 18.08.2011. The motive for the occurrence is that A1's daughter was eve-teased by the deceased, which was questioned by the petitioners, at that time the problem has been arisen and A1 has assaulted the deceased with stick on the right wrist of the deceased and also throttled the neck of the deceased and twisted the right hand, due to which, he sustained fracture and A2 has abused him and made a criminal intimidation to the deceased. 5.Considering the nature of the offence and the occurrence has been taken place only on sudden provocation, I am inclined to grant bail to the petitioners with certain conditions. 6.Accordingly, the petitioners are ordered to be released on bail on executing a separate 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:II, Karur, and on further condition that the petitioners shall report before the court concerned daily at 10.30 a.m. until further orders. sd/- 30/09/2011 / TRUE COPY / Sub-Assistant Registrar (C.S.) TO: 1.The Judicial Magistrate NO:II, Karur. 2.-Do- Thro' The Chief Judicial Magistrate, Karur. 3.The Public Prosecutor, Madurai Bench of Madras High Court, Madurai. 4.The Inspector of Police, Chinnadharapuram Police Station, Karur District. 5.The Officer In-charge, Sub-Jail, Karur. +1. CC to M/S. K.R.LAXMAN Advocate SR.No.34301. RP/30.09.2011/2P/7C. ORDER IN CRL OP(MD) No.12190 of 2011 Date :30/09/2011. https://hcservices.ecourts.gov.in/hcservices/