Chermakani v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 15/04/2024 PRESENT The Hon`ble Mr.Justice B.PUGALENDHI Chermakani ... Petitioner/Accused No.4 Vs The Inspector of Police, Thisayanvilai Police Station, Tirunelveli District.
Cr.No.175/2024.
... Respondent/Complainant For Petitioner :
Mr.S.Vishnuvardhan, Advocate.
For Respondent :
Mr.T.Senthil Kumar, Government Advocate (Crl.Side) PETITION FOR BAIL Under Sec.439 of Cr.P.C.
PRAYER :- For Bail in Crime No. 175/2024 on the file of the respondent police. ORDER : The Court made the following order :- The respondent police registered a case as against this petitioner in Crime No.175 of 2024 for the offence under Section 302 I.P.C and remanded him into judicial custody on 24.03.2024. Therefore, the petitioner has filed this petition seeking bail.
2. The case of the prosecution is that due to previous enmity between them, the petitioner and other accused assaulted the deceased with Aruval and caused death. 1/4
3. The learned counsel for the petitioner submits that the petitioner is aged about 71 years, she is an innocent person and she has not committed any offence as alleged by the prosecution. However, she is languishing in Jail from 24.03.2024.
4. The learned Additional Public Prosecutor appearing for the respondent opposes for grant of bail on the ground that it is the case of retaliation murder.
5. Considering the facts and circumstances of the case, nature of offence and the allegations made against the petitioner and also considering the period of incarceration, this Court is inclined to grant bail to the petitioner.
6. Accordingly, this Criminal Original Petition is ordered and the petitioner is ordered to be released on bail with the following conditions: 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 learned Judicial Magistrate, Radhapuram, Tirunelveli District. 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 is directed to stay away from the scene of occurrence, i.e. Stay at Tiruppur. The petitioner shall appear before the inspector of police, Palavanjipalayam Police Station, Tiruppur daily at 10.30 a.m until further orders; iv) The petitioner shall not misuse the liberty granted to him by indulging in 2/4
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/- 15/04/2024 / TRUE COPY / 15/04/2024 Sub-Assistant Registrar Madurai Bench of Madras High Court, Madurai - 625 023.
LS TO 1 THE JUDICIAL MAGISTRATE, RADHAPURAM, TIRUNELVELI DISTRICT 2 DO-THROUGH : THE CHIEF JUDICIAL MAGISTRATE, THIRUNELVELI DISTRICT.
3 THE OFFICER INCHARGE, SPECIAL WOMEN SUB JAIL, KOKKIRAKULAM, TIRUNELVELI DISTRICT.
4 THE INSPECTOR OF POLICE, THISAYANVILAI POLICE STATION, TIRUNELVELI DISTRICT.
5 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
COPY TO THE INSPECTOR OF POLICE, PALAVANJIPALAYAM POLICE STATION, TIRUPPUR.
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ORDER
IN CRL OP(MD) No.5447 of 2024 Date :15/04/2024 RS//SAR-(15.04.2024) 4P 7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4