Roopathi v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 08.04.2024 PRESENT The Hon`ble Mr.Justice B.PUGALENDHI
1. Roopathi
2. Pugazhenthi ... Petitioners/Accused Nos.4 & 5
Versus
State Rep. by The Inspector of Police, Keelavalavu Police Station, Madurai District.
In Crime No.28 of 2024
...Respondent/Complainant
For Petitioner: Mr.Satheesh Kumar Advocate.
For Respondent : Mr.T.Senthil Kumar Additional Public Prosecutor PETITION FOR BAIL Under Sec.439 of Cr.P.C.
PRAYER :- For Bail in Crime No.28 of 2024 on the file of the Respondent Police. 1/5
ORDER : The Court made the following order :- The respondent police registered a case as against the petitioners in Crime No.28 of 2024 for the offence under Sections 109, 341, 342, 364, 302 and 201 IPC and remanded him into judicial custody on 10.02.2024. Therefore, the petitioners have filed this petition seeking bail.
2. The defacto complainant is the wife of the deceased. The first petitioner/A4 is the wife of A1 and the second petitioner/A5 is the brother of the first petitioner/A4. A4 was previously married to the brother of the deceased and they were not having any child. Since the first husband of A4 died, she married A1. Even after the second marriage, they are not having any child. This has been pointed out by the deceased and A1 and A4 were criticized by the deceased. On account of that, offence has been committed.
3. The learned counsel for the petitioner submits that the petitioners are innocent persons and they have not committed any offence as alleged by the prosecution. However, they are languishing in Jail from 10.02.2024.
4. The learned Additional Public Prosecutor appearing for the respondent 2/5
submits that the investigation is almost over.
5. Considering the nature of offence, the period of incarceration and also considering the stage of investigation, this Court is inclined to grant bail to the petitioners.
6. Accordingly, this Criminal Original Petition is ordered and the petitioners are ordered to be released on bail i) on the petitioners executing a bond for a sum of Rs.25,000/-(Rupees Twenty Five Thousand)each, with two sureties each for a like sum to the satisfaction of the learned Judicial Magistrate, Melur.
ii) The petitioners and the sureties shall submit a copy of their Aadhaar Card or any other identity card issued by the Government in proof of their residence address;
iii) The petitioners shall appear before the respondent police as and when required for investigation. They have to co-operate for the investigation.
iv) The petitioners shall not misuse the liberty granted to them by 3/5
indulging in any further offence and shall not tamper with the prosecution witnesses. They shall be available for the trial as well. v) On violation of any of the above conditions by the petitioners, the respondent police shall move an application for cancellation of the bail.
sd/- 08/04/2024 / TRUE COPY / 08/04/2024 Sub-Assistant Registrar (Vigilance ) Madurai Bench of Madras High Court, Madurai - 625 023.
OGY TO 1.THE JUDICIAL MAGISTRATE, MELUR.
2. DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, MADURAI.
3.THE SUPERINTENDENT, CENTRAL PRISON, MADURAI.
4.THE SUPERINTENDENT, CENTRAL PRISON, SPECIAL PRISON FOR WOMEN, MADURAI.
4/5
5.THE INSPECTOR OF POLICE, KEELAVALAVU POLICE STATION, MADURAI DISTRICT.
6.THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1 CC to M/s.K.SATHISH KUMAR, Advocate ( SR-4254[I] dated 08/04/2024 )
ORDER
IN CRL OP(MD) No.4445 of 2024 Date :08/04/2024 RK (08/04/2024) 5P / 8C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5