Madras High CourtCRL OP(MD)/889/2024interim bail

C.Arunkumar v. The Inspector Of Police

2024-01-18Honourable Mr Justice M.Dhandapani3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 18.01.2024

CORAM:

THE HON'BLE MR.JUSTICE M.DHANDAPANI C.Arunkumar ... Petitioner/Accused No.1 Vs.

State Represented by The Inspector of Police, Dindigul Town South Police Station, Dindigul District.

(Crime No.163 of 2023) ... Respondent/Complainant PRAYER: Criminal Original Petition has been filed under Section 439 of Cr.P.C, prayed to enlarge the petitioner's on bail in the event of arrest in Crime No.163 of 2023 on the file of the respondent police.

For Petitioner : Mr.A.MOHAMED RIYAZ, Advocate For Respondent : Mr.B.NAMBISELVAN Additional Public Prosecutor

ORDER

The petitioner, who was arrested on 24.07.2023 and remanded to judicial custody for the offences under Sections 8(c) r/w.20(b)(ii)(c), 25 and 29(1) of NDPS Act, 1985 in Crime No.163 of 2023 on the file of the respondent Police, seeks bail.

2. The learned counsel for the petitioner submitted that the petitioner is no way connected with the alleged offence and he has been falsely implicated in this case. He 1/3

further submitted that the petitioner has been in jail from 24.07.2023 and the petitioner's father-in-law passed away yesterday, ie., 17.01.2024 and since the deceased person has no son, the petitioner has to perform the final rites. Hence, he prays to grant bail to the petitioner.

3. The learned Additional Public Prosecutor appearing for the respondent fairly concedes that the father-in-law of the petitioner passed away on 17.01.2024.

4. Considering the fact that the final rites of the petitioner's father-in-law is to be held on 18.01.2024, this Court is inclined to grant Interim Bail to the petitioner. Accordingly, the accused is hereby directed to be released on Interim Bail for a period of two days starting at 6.00 p.m. on 18.01.2024 till 5.00 p.m. on 20.01.2024 and the accused shall surrender before the respondent police at 5.00 p.m., on 20.01.2024 and he shall be produced before the trial court by the respondent Police on the same day.

5. During the period the petitioner is on bail, he shall be escorted by a Police constable, the expenses towards the same to be borne by the petitioner.

6. List the matter for reporting compliance on 22.01.2024. sd/- 18/01/2024 / TRUE COPY / 18/01/2024 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

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INDU TO 1 THE DISTRICT AND SESSIONS JUDGE FOR EC AND NDPS ACT CASES, MADURAI.

2 THE OFFICER INCHARGE, DISTRICT PRISON, DINDIGUL.

3 THE INSPECTOR OF POLICE, DINDIGUL TOWN SOUTH POLICE STATION, DINDIGUL DISTRICT.

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

ORDER

IN CRL OP(MD) No.889 of 2024 Date :18/01/2024 SA/SAR. /18.01.2024/3P/5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023. 3/3