Palanisamy v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 25.04.2024 PRESENT The Hon`ble Mr.Justice B.PUGALENDHI Palanisamy ... Petitioner/ A-5
Versus
State Rep. by The Inspector of Police, Dhadikombu Police Station, Dindigul District.
(Cr.No.273 of 2024) ... Respondent/Complainant For Petitioner : Mr.S.S.Sundarapandian, 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.273 of 2023 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.273 of 2023 for the offence under Sections 147, 148, 294(b), 302 of IPC and remanded her into judicial custody on 06.09.2023. Therefore, the petitioner has filed this petition seeking bail.
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2. The petitioner is arrayed as A5. Due to previous enmity between the defacto complainant and the petitioner, the petitioner and the other accused have attacked the de-facto complainant by hitting a car on him and stabbed him till death. Hence, the case.
3. The learned counsel for the petitioner submits that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution. However, he has been arrested and he is languishing in jail for 233 days. Therefore, he prays for grant of bail.
4. The learned Additional Public Prosecutor appearing for the respondent submits that the investigation has been completed and charge sheet has been filed. Now, the case is pending for committal before the learned Judicial Magistrate No.II, Dindigul in PRC.No.82 of 2023.
5. Considering the facts and circumstances of the case and the period of incarceration and filing of final report, 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 2/4
the learned Principal District Judge, Dindigul. 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 learned Principal District Judge, Dindigul, daily at 10.30 a.m. every day until committal proceedings. He has to cooperate 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 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/- 25/04/2024 / TRUE COPY / 25/04/2024 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.
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TO 1 THE PRINCIPAL DISTRICT JUDGE, DINDIGUL.
2 THE INSPECTOR OF POLICE DHADIKOMBU POLICE STATION, DINDIGUL.
3 THE SUPERINTENDENT, CENTRAL PRISON, MADURAI.
4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1 CC to M/s.S.S.SUNDARA PANDIAN, Advocate ( SR-4907[I] dated 25/04/2024 )
ORDER
IN CRL OP(MD) No.6344 of 2024 Date :25/04/2024 SS/SAR- /25/04/2024/4P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4