M.Akilan v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 23.04.2024 PRESENT The Hon`ble Mr.Justice B.PUGALENDHI M.Akilan ... Petitioner / Accused No.4
Versus
The Inspector of Police, Anna Nagar Police Station, Madurai City.
(Crime No.108 of 2024) ... Respondent / Complainant For Petitioner :
Mr.M.Ananthkumar, Advocate.
For Respondent :
Mr.E.Antony Sahaya Prabahar Additional Public Prosecutor PETITION FOR BAIL Under Sec.439 of Cr.P.C.
PRAYER :- For Bail in Crime No.108 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 this petitioner in Crime No.108 of 2024 for the offence under Sections 147, 148, 341 and 302 IPC and remanded him into judicial custody on 15.02.2024. Therefore, the petitioner has filed this petition seeking bail.
2. The petitioner herein is arrayed as A4. The deceased one Sakthivel was running a Rice Mill and he was doing money lending business. The case of the prosecution is that A1 and A2 are brothers and previously, they were working in the deceased's rice mill and at that time, they borrowed money from the deceased. A1 and A2 failed to repay the amount to the deceased in time and when the deceased demanded them to repay that amount, there was a quarrel between them, due to which, A1 and A2 assaulted the deceased with weapons and caused death. Hence, the case.
3. The learned counsel for the petitioner submits that the petitioner is a College Student studying B.Sc. Degree at Kamarajar University and he is in no way connected with the alleged offence. However, he was arrested on 15.02.2024 on the ground that he has dropped A3 and A5 in the place of occurrence.
4. The learned Additional Public Prosecutor appearing for the respondent opposes for grant of bail on the ground that the investigation is yet to be completed. 2/5
5. Considering the nature of offence, the period of incarceration and also considering the fact that the petitioner is a College Student, 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 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 No.VI, Madurai.
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 stay at Valliyoor and appear before the Inspector of Police, Valliyoor Police Station, daily at 10.30 a.m. for a period of two weeks and thereafter, as and when required for interrogation by the respondent Police. He has to co-operate for the investigation.
iv) The petitioner shall not misuse the liberty granted to him by indulging in any further offence and shall not tamper with the 3/5
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/- 23/04/2024 / TRUE COPY / 23/04/2024 Sub-Assistant Registrar ( ) Madurai Bench of Madras High Court, Madurai - 625 023.
OGY To 1.The Judicial Magistrate No.VI, Madurai.
2.Do through the Chief Judicial Magistrate, Madurai District.
3.The Inspector of Police, Anna Nagar Police Station, Madurai City.
4.The Superintendent, Central Jail, Madurai.
5.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
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+1 CC to M/s.M.ANANTHKUMAR, Advocate ( SR-4720[I] dated 23/04/2024 )
ORDER
IN CRL OP(MD) No.5767 of 2024 Date :23/04/2024 ED/ /SAR- (23/04/2024) 5P / 7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5