M.Muthuvel v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 29/04/2024 PRESENT The Hon`ble Mr.Justice B.PUGALENDHI M.Muthuvel, ... Petitioner/Accused Rank Not Known Vs The Inspector of Police, Perumalpuram Police Station, Tirunelveli City, Tirunelveli District.

(Crime No.91/2024).

... Respondent/Complainant For Petitioner : Mr.S.PALANIVELAYUTHAM, 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.91/2024 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.91 of 2024 for the offence under Section 302 I.P.C and remanded him into judicial custody on 11.02.2024. Therefore, the petitioner has filed this petition seeking bail.

2. The case of the prosecution is that the accused have assaulted the deceased and caused death to him.

3. The learned counsel for the petitioner submits that the petitioner is an 1/4

innocent person and he has not committed any offence as alleged by the prosecution. He further submits that the petitioner is accused No.7, he is implicated through the confession statement of the co-accused. However, he is languishing in Jail from 11.02.2024.

4. The learned Additional Public Prosecutor appearing for the respondent opposes for grant of bail on the ground that the investigation is pending. He further submits that co-accused in this case were already granted bail on 10.04.2024 in Crl.O.P.(MD)No.5263 of 2024.

5. Considering the nature of allegation as against the petitioner, co-accused were already granted bail 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 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.I, 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;

2/4

iii) The petitioner shall appear before the respondent police daily twice ie. at 10.30 a.m. and at 05.30 p.m., until further orders. 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 prosecution witnesses. She 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/- 29/04/2024 / TRUE COPY / 29/04/2024 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

LS TO 1 THE JUDICIAL MAGISTRATE NO.I, TIRUNELVELI DISTRICT.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, TIRUNELVELI DISTRICT.

3 THE SUPERINTENDENT, CENTRAL PRISON, PALAYAMKOTTAI, TIRUNELVELI DISTRICT.

3/4

4 THE INSPECTOR OF POLICE, PERUMALPURAM POLICE STATION, TIRUNELVELI CITY, TIRUNELVELI DISTRICT.

5 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1 CC to M/s.S.PALANI VELAYUTHAM, Advocate ( SR-5033[I] dated 29/04/2024 ) ORDER IN CRL OP(MD) No.6509 of 2024 Date :29/04/2024 SA/SAR. /29.04.2024/4P/7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023. 4/4