Yogeshwaran @ Akash v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 26/04/2024 PRESENT THE HON`BLE MR.JUSTICE B.PUGALENDHI Yogeshwaran @ Akash ... Petitioner/Accused No.1 Vs The Inspector of Police, Pattiveeranpatti Police Station, Dindigul District.
Crime No. 82/2024.
... Respondent/Complainant For Petitioner :
Mr.D.Rameshkumar, 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. 82 of 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.82 of 2024 for the offence under Section 174 Cr.P.C, altered into 306 IPC and remanded him to judicial custody on 03.03.2024. Therefore, the petitioner has filed this petition seeking bail.
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2.The case of the prosecution is that the deceased Manikandan was running a Cell phone shop at Nilakkottai and the second accused has purchased a cell phone from the deceased for credit. Thereafter, they became friends. The deceased Manikandan has purchased a furniture from the third accused by utilising the cheque of the second accused and failed to make payment. Therefore, all the accused persons have threatened the deceased Manikandan, due to which, the said Manikandan and his wife Sivatharishini have committed suicide by hanging. 3.The learned counsel for the petitioner submits that the petitioner is arrayed as the first accused and he never committed any offence as alleged by the prosecution.
The deceased Manikandan and his wife have borrowed loan from several persons in an around their resident and since they were not able to settle the loan amount, they committed suicide. He further submits that this Court has already granted bail to the third accused in Crl OP(MD) No.5204 of 2024, by order dated 04.04.2024. 4.The learned Additional Public Prosecutor appearing for the respondent objects for grant of bail to the petitioner on the ground that the investigation is yet to be completed.
5. Considering the facts and circumstances of this case, the period of incarceration and co-accused has been granted bail this Court is inclined to grant bail to the petitioner.
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6. Accordingly, this Criminal Original Petition is ordered and the petitioner is ordered to be released on bail on the following conditions:- i) The petitioner shall execute 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, Nilakkottai.
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 respondent police daily at 10.30 a.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. The petitioner 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/- 26/04/2024 / TRUE COPY / 26/04/2024 Sub-Assistant Registrar Madurai Bench of Madras High Court, Madurai - 625 023.
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TO 1 THE JUDICIAL MAGISTRATE, NILAKKOTTAI.
2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, DINDIGUL DISTRICT. 3 THE OFFICER INCHARGE, DISTRICT PRISON, DINDIGUL. 4 THE INSPECTOR OF POLICE, PATTIVEERANPATTI POLICE STATION, DINDIGUL DISTRICT.
5 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
ORDER IN CRL OP(MD) No.6520 of 2024 Date :26/04/2024 RS//SAR-(26.04.2024) 4P 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4