Murugan @ Vathamurugan v. The Sub Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 10/04/2023 PRESENT The Hon`ble Mr.Justice G.K.ILANTHIRAIYAN
1. Murugan @ Vathamurugan
2. Pandi @ Vandu Pandi ... Petitioners/Accused No.4&6 Vs The State rep.by, The Sub Inspector of Police, Thirupparankundram Police Station, Madurai District.
(In Crime No.87/2023)..
... Respondent/Complainant For Petitioners : M/s.Prabakaran C, Advocate.
For Respondent : Mr.R.M.Anbunithi, Additional Public Prosecutor PETITION FOR BAIL Under Sec.439 of Cr.P.C.
PRAYER :- For Bail in Crime no.87/2023 on the file of the Respondent Police.
ORDER : The Court made the following order :- The petitioners /A4 and A6 who were arrested and remanded to judicial custody on 09.02.2023 for the offences under sections 302 of IPC @ 120(b),147 and 302 of IPC in Crime No.87 of 2023 on the file of the respondent police seek bail.
2. The case of the prosecution is that due to previous enmity on 05.02.2023 A1 and A2 had assaulted the deceased and caused his death, hence the case.
3. Heard both sides and perused the materials available on record including the First Information Report. The learned Additional Public Prosecutor would submit that it is a sensitive murder and there is a law and order issue prevailing in that area.
4. The petitioners have been implicated in the charge under section 120 (b) of IPC. Taking into consideration the facts and submissions made by the learned counsels and also the period of incarceration and also the fact that co-accused has been released on bail, this court is inclined to grant bail to the petitioners , subject to the following conditions:
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[a] Accordingly, the petitioners are ordered to be released on bail on condition to execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only)each with two sureties each for a like sum to the satisfaction of the learned Judicial Magistrate No.VI, Madurai and on further conditions that:
[b] the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank Pass Book to ensure their identity. [c] the petitioners shall stay at Karur and report before the Karur Police Station daily at 10.30 am., and 5.30 pm., for a period of four weeks and thereafter before the respondent police daily at 10.30 am., and 5.30 pm., for a period of four weeks. [d] the petitioners shall not commit any offences of similar nature.
[e] the petitioners shall not abscond either during investigation or trial.
[f] the petitioners shall not tamper with evidence or witness either during investigation or trial.
[g] On breach of any of the aforesaid conditions, the learned Judicial Magistrate/Trial Court is entitled to take appropriate action against the petitioners in accordance with law as if the conditions have been imposed and the petitioners released on bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560].
[h] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.
sd/- 10/04/2023 / TRUE COPY / 10/04/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
AAV TO 1.THE JUDICIAL MAGISTRATE NO.VI, MADURAI.
2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, MADURAI.
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3.THE SUPERINTENDENT, CENTRAL PRISON, VIRUDHUNAGAR.
4.THE SUB INSPECTOR OF POLICE, THIRUPPARANKUNDRAM POLICE STATION, MADURAI DISTRICT.
5 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
COPY TO THE INSPECTOR OF POLICE, KARUR POLICE STATION, KARUR.
+1 CC to M/s.PRABAKARAN C, Advocate ( SR-5556[I] dated 10/04/2023 )
ORDER
IN CRL OP(MD) No.6529 of 2023 Date :10/04/2023 RK/SSS/SAR-(10/04/2023) 3P/8C 3/3