Mayandi 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 Mayandi ... Petitioner/Accused No.3 vs The Inspector of Police, Munneerpallam Police Station, Tirunelveli District.
(Crime No.353/2023) ... Respondent/Complainant For Petitioner :
Mr.KA.Raamakrishnan, Advocate.
For Respondent :
Mr.T.Senthil Kumar, Additional Public Prosecutor PETITION FOR BAIL Under Sec.439 of Cr.P.C.
PRAYER :- To enlarge the Petitioner/Accused on Bail in PRC No.334 of 2023 before the learned Judicial Magistrate No.V, Tirunelveli, Tirunelveli District, Crime No.353/2023, on the file of the Respondent Police. ORDER : The Court made the following order :- The petitioner is facing a charge of the offence under Sections 341, 302, 506(ii), 294(b) and 120(B) of IPC in PRC No.334 of 2024 on the file of the learned Judicial Magistrate No.V, Tirunelveli.
2. The petitioner is arrayed as A3. The case of the prosecution is that on 16.09.2023, the petitioner and other accused persons have attacked the husband of the defacto complainant and murdered him.
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3. The learned counsel appearing for the petitioner submits that this is the second bail petition and the earlier bail application was dismissed by this Court on 23.01.2024, in Crl.O.P.(MD)No.383 of 2024. He further submits that A4 has been released on bail by this Court in Crl.O.P.(MD)No.3778 of 2024 on 14.03.2024. He further submits that now, this case has been committed to the First Additional District Court, Tirunelveli and charges have been framed. Since the petitioner is languishing in jail from 16.09.2023, he seeks for grant of bail to the petitioner.
4. The learned Additional Public Prosecutor appearing for the respondent Police submits that the case is posted for examination of P.W.1 to P.W.5 on 25.04.2024.
5. Considering the facts and circumstances of the case, the period of incarceration and also considering the fact that A4 has already been released on bail and the case has been posted for examinations of P.W.1 to P.W.5 on 25.04.2024, this Court is inclined to grant bail to the petitioner, enabling him to engage a counsel and to proceed with the trial.
6. Accordingly, this Criminal Original Petition is ordered and the petitioner is ordered to be released on bail i) on the petitioner executing a bond for a sum of Rs.25,000/-(Rupees Twenty Five Thousand) with two sureties each for a like sum to the satisfaction of the 2/4
learned Judicial Magistrate No.V, Tirunelveli. ii) The petitioner 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 petitioner shall appear before the Inspector of Police, Tallakulam Police Station, daily at 10.30 a.m. until further orders. The petitioner shall appear before the trial Court on all hearing dates without fail. iv) The petitioner shall not misuse the liberty granted to him by indulging in any further offence and shall not tamper with the prosecution witnesses. He shall be available for the trial as well.
v) On violation of any of the above conditions by the petitioner, the respondent police shall move an application for cancellation of the bail. sd/- 08/04/2024 / TRUE COPY / 08/04/2024 Sub-Assistant Registrar Madurai Bench of Madras High Court, Madurai - 625 023.
OGY TO 1 THE JUDICIAL MAGISTRATE NO.V, TIRUNELVELI.
2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, TIRUNELVELI. 3/4
3 THE INSPECTOR OF POLICE, MUNNEERPALLAM POLICE STATION, TIRUNELVELI DISTRICT.
4 THE SUPERINTEDENT, CENTRAL PRISON, NAGERCOIL, KANNIYAKUMARI DISTRICT.
5 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
COPY TO THE INSPECTOR OF POLICE, TALLAKULAM POLICE STATION, TALLAKULAM, MADURAI.
+1 CC TO MR.KA.RAAMAKRISHINAN, ADVOCATE, SR-4291[I] Dated 10/04/2024
ORDER
IN CRL OP(MD) No.5415 of 2024 Date :08/04/2024 RS//SAR-(08.04.2024) 4P 8C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4