Madras High CourtCRL OP(MD)/16795/2017granted

Pulukaimani @ Manikandan v. The Inspector Of Police

2017-12-05Honourable Mr Justice M.Dhandapani2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Fifth day of December Two Thousand Seventeen PRESENT The Hon`ble Mr.Justice M.DHANDAPANI CRL OP(MD) No.16795 of 2017 PULUKAIMANI @ MANIKANDAN ... PETITIONER / ACCUSED NO.3 Vs THE STATE REP.BY, THE INSPECTOR OF POLICE JAIHIND PURAM POLICE STATION, MADURAI, (CRIME NO.1435 OF 2017) ... RESPONDENT / COMPLAINANT For Petitioner : M/S.R.VENKATESAN Advocate For Respondent : MR.K.ANBARASAN Govt. Advocate ( Crl. Side) PETITION FOR INTERIM BAIL Under Sec. 439 Cr.P.C. ORDER : The Court Made the following order :- The petitioner/Accused No.3, who was arrested and remanded to judicial custody on 13.11.2017 by the respondent police for the offences punishable under Sections 392, 397 and 506(ii) of I.P.C., in Crime No.1435 of 2017, on the file of the respondent police, seeks interim bail.

2. It is submitted by the learned counsel for the petitioner at 10.30 a.m that the brother of the accused passed away at Government Rajaji Hospital, Madurai, on 4.12.2017. Therefore, he sought permission of this Court to file a interim bail petition. Accordingly, this Court granted permission to move the interim bail application at 01.00 p.m.

3. The learned counsel appearing for the petitioner submitted that though the petitioner was implicated in the case registered for the offences under Sections 392, 397 and 506(ii) of I.P.C and he was arrested on 13.11.2017, till date the petitioner has not filed bail application before this Court. However, his own brother passed away on 04.12.2017 in the Government Rajaji Hospital, Madurai and therefore, the petitioner may be granted interim bail with the protection of police party for attending funeral of his own brother in order to complete his last ritual rites.

4.The learned Government Advocate (Criminal side) appearing for the State submitted that he has no objection for the request made by the learned counsel appearing for the petitioner. https://hcservices.ecourts.gov.in/hcservices/

5.In view of the above, I am inclined to grant interim bail to the petitioner till 06.12.2017 at 5.00 p.m., After completing the last ritual rites, the respondent police is directed to send the petitioner back to the judicial custody on 06.12.2017 at 5.00 p.m..

6. The Registry is directed to post the matter on 07.12.2017 "for reporting compliance".

sd/- 05/12/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE INSPECTOR OF POLICE, JAIHIND PURAM POLICE STATION, MADURAI.

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

3 THE SUPERINTENDENT, CENTRAL PRISON, MADURAI.

+1. CC to M/S.R.VENKATESAN Advocate SR.No.35590

ORDER

IN CRL OP(MD) No.16795 of 2017 Date :05/12/2017 MKV-CM-VR-SAR 2/5.12.2017/2P-5C https://hcservices.ecourts.gov.in/hcservices/