B. SABAPATHI v. STATE
Case at a glance
Provisions considered
- Code of Criminal Procedure, 1973 s. 439
- Indian Penal Code, 1860 s. 302
Key paragraphs
- Para 55. Considering the facts and circumstances of the case and also considering the fact that the occurrence has taken place when the complainant party had gone over to the residence of the accused to question about the injury caused to the deceased in the course…
Judgment
Cause title
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT( Criminal Jurisdiction )Saturday, the Twenty Second day of January Two Thousand ElevenPRESENTThe Hon`ble Mr.Justice C.T.SELVAMCRL OP(MD) No.786 of 2011B. SABAPATHI ... PETITIONER
/SOLE ACCUSED VsSTATE REP.BY, THE SUB INSPECTOR OF POLICE KUDALPUDUR POLICE STATION, CR NO. 4/2011, MADURAI DISTRICT ... RESPONDENT
/COMPLAINANT For Petitioner : M/S. T.K.GOPALAN AdvocateFor Respondent : MR.P.RAJENDRAN, Government Advocate(Crl. Side) PETITION FOR BAIL Under Sec. 439 Cr.P.C.
ORDER :
The Court Made the following order :-The petitioner is the sole accused and he was arrested and remanded to judicial custody on 04.01.2011 for the alleged offence punishable under Section 302 I.P.C. in Crime No.4 of 2011 on the file of the respondent police and hence, seeks bail.
Heard Mr.T.K.Gopalan, learned counsel appearing for the petitioner and Mr.P.Rajendran, learned Government Advocate (Crl.side)appearing for the state.
The learned counsel for the petitioner would submit that the petitioner is an innocent person and he has not committed any offence and the petitioner is in judicial custody from 04.01.2011 and he prays for bail.
The learned Government Advocate (Crl.side) would oppose the bail application.
Considering the facts and circumstances of the case and also considering the fact that the occurrence has taken place when the complainant party had gone over to the residence of the accused to question about the injury caused to the deceased in the course of agame between the deceased and the petitioner and in such circumstance, this petitioner had dealt a single blow to the neck of the deceased with a knife resulting in death and further the https://hcservices.ecourts.gov.in/hcservices/ petitioner who is a young boy and that he has no previous case, this Court is inclined to grant bail to the petitioner. Accordingly, the petitioner is ordered to be released on bail and on 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 JudicialMagistrate No.IV, Madurai and on further condition that the petitioner shall stay at Trichy and report before the CantonmentPolice Station, daily at 10.30 a.m. for a period of two weeks and thereafter as and when required. Sd/- 22/01/2011 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023. TO1 THE JUDICIAL MAGISTRATE NO.IVMADURAI2 THE CHIEF JUDICIAL MAGISTATEMADURAI3 THE SUB INSPECTOR OF POLICEKUDALPUDUR POLICE STATION, MADURAI DT4 THE ADDL PUBLIC PROSECUTORMADURAI BENCH OF MADRAS HIGH COURT,MADURAI5 THE INSPECTOR OF POLICECANTONMENT POLICE STATION, TRICHY6 THE SUPERINTENDENTCENTRAL PRISON, MADURAI+1. CC to M/S. T.K.GOPALAN Advocate SR.No.2461ssk/24.01.2011 /8c -2p/- ORDER IN CRL OP(MD) No.786 of 2011 Date :22/01/2011
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.