Madras High CourtCRL OP(MD)/5004/2024granted

Sibaniya v. The Inspector Of Police

2024-03-27Honourable Mr Justice M.Dhandapani4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Twenty Seventh day of March Two Thousand and Twenty Four PRESENT The Hon`ble Mr.Justice M.DHANDAPANI SIBANIYA ... Petitioner / Accused No.6 Vs THE INSPECTOR OF POLICE PEW THOOTHUKUDI POLICE STATION THOOTHUKUDI DISTRICT.

(CRIME NO.584/2023.) ... Respondent / Complainant For Petitioner :

M/s.J.Jeyakumaran, Advocate For Respondent :

Mr.B.Nambiselvan, Additional Public Prosecutor PETITION FOR BAIL Under Sec. 439 Cr.P.C.

PRAYER :

FOR BAIL IN CRIME NO.584/2023 ON THE FILE OF THE RESPONDENT POLICE.

ORDER : The Court Made the following order :- The petitioner, who was arrested on 29.08.2023 and remanded to judicial custody for the offences under Sections 8(c), 20(b)(ii)(c), 25 and 29(1) of NDPS Act, 1/4

1985 in Crime No.584 of 2023 on the file of the respondent police, seeks interim bail.

2. The learned counsel for the petitioner submitted that the petitioner's sisterin-laws son passed away on 26.03.2024 and the petitioner being the maternal aunt of the deceased has to participate in the final rites. Hence, he prays for grant of interim bail.

3. The learned Additional Public Prosecutor appearing for the respondent, on instructions, submits that the of the petitioner's sister-in-laws son passed away on 26.03.2024.

4. Considering the fact that the final rites of the petitioner's sister-in-law's son is to be held on 28.03.2024, this Court is inclined to grant Interim Bail to the petitioner. Accordingly, the accused Sibaniya, in Crime No.584 of 2023, is directed to be released on Interim Bail for a period of three days starting at 5.00 p.m. On 27.03.2024 till 5.00 p.m. On 29.03.2024 and the accused shall surrender before the respondent police at 5.00 p.m. On 29.03.2024 and she shall be produced before the trial court by the respondent police on the same day.

5. During the said period, ie., from 27.03.2024 to 29.03.2024, when the petitioner is on bail, she shall be escorted by a police constable and the expenses towards the same shall be borne by the petitioner. 2/4

6. This Criminal Original Petition is accordingly ordered. List the matter 'for reporting compliance' on 01.04.2024.

sd/- 27/03/2024 / TRUE COPY / 27/03/2024 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

RR To 1.The Judicial Magistrate No.III, Thoothukudi.

2.Do through the Chief Judicial Magistrate, Thoothukudi District.

3.The Inspector of Police, PEW-Thoothukudi Police Station, Thoothukudi District.

4.The Superintendent, Special Prison for Women, Palayamkotti, Tirunelveli District.

5.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1CC to M/s.J.JEYAKUMARAN, Advocate, SR.No.3804(I), dated 27.03.2024 3/4

ORDER

IN Date :27/03/2024 ED/ /SAR- (27/03/2024) 4P / 7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4