T.Suresh v. The Inspector Of Police

CRL OP(MD). No.424 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 12/01/2022 PRESENT The Hon'ble Mr.Justice G.ILANGOVAN CRL OP(MD). No.424 of 2022 T.SURESH ... PETITIONER/SOLE ACCUSED VS THE STATE REP. BY, THE INSPECTOR OF POLICE, THANTHONIMALAI POLICE STATION, KARUR DISTRICT.

(CRIME NO.747/2021).

... RESPONDENT/COMPLAINANT For Petitioner : M/s.Chandrakumar A, Advocate.

For Respondent : Mr.S.S.Madhavan, Government Advocate (Crl.Side) PETITION FOR BAIL Under Sec.439 of Cr.P.C.

PRAYER :- For Bail in Crime no. 747/2021 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioner/Sole Accused herein, who was arrested on 24.11.2021 for the alleged offence under Sections 279 and 304 (A) of IPC altered into 279 and 304(ii) of IPC, in Crime No.747 of 2021, on the file of the respondent police, seeks bail. 2.The case of the prosecution is that when the deceased was on regular vehicle checkup, he attempted to stop the vehicle driven by the petitioner herein. But the vehicle driven by the petitioner hit the deceased and caused fatal injuries. Due to which the deceased died. Hence, the case. Initially the case was registered for the offences under Sections 279 and 304(A) of IPC and later it was altered into the sections 279 and 304(ii) IPC. 3.

The learned counsel for the petitioner submitted that the petitioner is an innocent person and she has not committed any offence as alleged by the prosecution. There is no motive to the petitioner to hit the deceased and commit murder. It was unexpected accident. Later the complaint has been lodged by a person, who was not present in the place of occurrence. But the petitioner voluntarily surrendered before the concerned Court on 24.11.2021. https://hcservices.ecourts.gov.

CRL OP(MD). No.424 of 2022 4.The learned Additional Public Prosecutor submitted that when the deceased gave signal to stop the vehicle, the petitioner without stopping the vehicle hit the deceased and committed murder and fled away from the scene of occurrence. Investigation is also still pending.

5.Considering the manner of offence, investigation is still pending, the petitioner voluntarily surrendered before the concerned Court, and considering 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) 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 petitioner shall report before the respondent police once in fifteen days at 10.30 a.m. until further orders. sd/- 12/01/2022 / TRUE COPY / 12/01/2022 Sub-Assistant Registrar (C.S.-I) Madurai Bench of Madras High Court, Madurai - 625 023.

Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

TO

1. THE JUDICIAL MAGISTRATE NO.II, KARUR.

2. DO-THROUGH : THE CHIEF JUDICIAL MAGISTRATE, KARUR DISTRICT.

3. THE SUPERINTENDENT, CENTRAL PRISON, TRICHY.

4. THE INSPECTOR OF POLICE, THANTHONIMALAI POLICE STATION, KARUR DISTRICT.

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

ORDER

IN CRL OP(MD) No.424 of 2022 Date :12/01/2022 USK/JM/SAR-I/12.01.2022/2P/6C https://hcservices.ecourts.gov.in/hcservices/ 2/2