T.Venkatesh v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Fourth day of February Two Thousand and Twenty One PRESENT The Hon`ble Mr.Justice M.NIRMAL KUMAR IN CRL OP(MD) No.172 of 2021 T.VENKATESH ... PETITIONER/ACCUSED NO.6 Vs STATE REP.BY THE INSPECTOR OF POLICE, MUNNERPALLAM POLICE STATION, TIRUNELVELI DISTRICT.
(CRIME NO.526/2020) ... RESPONDENT/COMPLAINANT Petition filed praying that in the circumstances stated therein and in the petition filed therewith the High Court may be pleased to grant Interim Bail to the Petitioner / Accused No.6 for a period of three days from 04.02.2021 to 06.02.2021 in Crime No.526/2020 dated 09.09.2020.
ORDER : This petition coming up for orders on this day, upon perusing the petition filed in support thereof and upon hearing the arguments of MR.I.ROBERT CHANDRAKUMAR, Advocate for the petitioner and of MR.K.SUYAMBULINGA BHARATHI, Government Advocate (Crl.Side) on behalf of the Respondent, the court made the following order:- The petitioner filed this Criminal Miscellaneous Petition for interim bail.
2.The petitioner was arrested on 09.09.2020 in Crime No.526 of 2020 on the file of the respondent Police for the offence under Sections 8(c), 20(b)(ii)(c) and 25 of Narcotic Drugs & Psychotropic Substances Act, 1985, and on the same day, he was remanded to judicial custody. Thereafter, he has filed a bail petition in Crl.O.P.(MD).No.172 of 2021 and it is pending before this Court and 1/3
the case is listed for hearing on 10.02.2021. In the meanwhile, the petitioner has filed the present petition for the reason that the petitioner's father, who is aged about 57 years died on 04.02.2021. Due to demise of the petitioner's father, he has to do his last rites, since he is the elder son.
3.The petitioner is seeking interim bail on the ground that the petitioner's father died and the last rites have to be done by the petitioner, since he is the elder son. Hence, the petitioner seeks interim bail for three days in this petition. 4.The learned Government Advocate (Crl. Side) appearing for the respondent Police submitted that the submission made by the petitioner has been verified and the petitioner's father died and the last rites have to be conducted by the petitioner. He further submitted that the petitioner may be granted bail with escort. 5.The reasons given by the petitioner for the grant of interim bail is satisfactory.
After giving due consideration to the above mentioned factors, this Court is of the considered view that the petitioner is entitled for interim bail to do his father last rites, subject to the fulfillment of the following conditions:- a) The Prisoner, namely, T.Venkatesh, who is now confined in the Central Prison, Palaiyamkottai, is granted interim bail for a period of three days, ie., from 04.00 p.m on 04.02.2021 till 04.00 p.m., on 08.02.2021, on execution of own bond for a sum of Rs.
b)The Superintendent of Central Prison, Palaiyamkottai, is hereby directed to release the petitioner on his execution of bond to his satisfaction.
c)During the period of interim bail, from 04.02.2021 to 08.02.2021, the petitioner shall appear before the Srivaikundam Police Station, Thoothukudi District, at 10.00 a.m daily; d)It is made clear that the prisoner should be brought back to the Central Prison, Palaiyamkottai, by 4.00 p.m., on 08.02.2021, without fail;
e)The State Police during the period of interim bail shall provide proper escort to the prisoner in order to ensure the safety and security of the prisoner. They shall also impose suitable conditions to that effect.
f)The State shall bear the escort expenses of the State Police, prescribed by the authorities;
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g)The prisoner should also abide by the conditions to be imposed by the authorities concerned.
7.Post the matter on 10.02.2021 for reporting compliance. sd/- 04/02/2021 / TRUE COPY / / /2021 Sub-Assistant Registrar (C.S.) 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 INSPECTOR OF POLICE, MUNNERPALLAM POLICE STATION, TIRUNELVELI DISTRICT.
2 THE SUPERINTENDENT, CENTRAL PRISON, PALAIYAMKOTTAI.
3 THE INSPECTOR OF POLICE, SRIVAIKUNDAM POLICE STATION, THOOTHUKUDI DISTRICT.
4 THE ADDITIONAL PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1. C.C. to M/S.I.ROBERT CHANDRAKUMAR Advocate SR.No.718
ORDER
IN IN CRL OP(MD) No.172 of 2021 Date :04/02/2021 VSG JM/VR/SAR II/04.02.2021/3P/6C 3/3