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Madras High CourtCRL OP(MD)/9902/2022ordered

Samadurai v. The Additional Superintendent Of Police

2022-06-06Honourable Mr Justice K.Murali Shankar2 pages

CRL OP(MD) No.9902 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Sixth day of June Two Thousand and Twenty Two PRESENT The Hon`ble Mr.Justice K.MURALI SHANKAR CRL OP(MD) No.9902 of 2022 SAMADURAI ... PETITIONER/ACCUSED NO.5 Vs THE STATE REP. BY, THE ADDITIONAL SUPERINTENDENT OF POLICE, CBI, SC.II, NEW DELHI, (CRIME NO.1/2020).

... RESPONDENT/COMPLAINANT For Petitioner : M/S.EBENEZER CHARLETS T.J., Advocate For Respondent : M/S.L.VICTORIA GOWRI, Assistant Solicitor General for CBI Cases PETITION FOR BAIL Under Sec. 439 Cr.P.C.

ORDER : The Court Made the following order :- This bail petition is filed urgently on the ground that since the petitioner's daughter attained puberty, he wants to attend the puberty function of his daughter. This case was registered for the offences under Sections 302, 342, 201, 182, 193, 211, 218, 120(B) and 34 of IPC, in S.C.No.470 of 2020 in Crime No.1 of 2020. The petitioner is in judicial custody from 19.06.2020.

2. Without going into the merits of the case, considering the facts and circumstances of the case, this Court is of the considered view that the petitioner may be granted interim bail to facilitate him to attend the puberty function of his daughter. A copy of the invitation regarding the puberty function is also enclosed along with the typed set of papers.

3. The learned Assistant Solicitor General of India appearing for the respondent would submit that since the puberty function is scheduled today (06.06.2022) at 09.00 a.m., to 10.30 a.m., they are having objections to grant interim bail to the petitioner. 4.Considering the facts and circumstances of the case, this Court is inclined to grant interim bail to the petitioner from 06.06.2022 at 01.00 p.m., to 07.06.2022 at 04.00 p.m. Accordingly, the petitioner namely Samadurai, S/o.Ayyapillai, 6/66 Colony Street, https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRL OP(MD) No.9902 of 2022 Sokkanur, Thirukalore, Thoothukudi District (now confined at Central Prison, Madurai) is ordered to be released on interim bail on 06.06.2022 at 01.00 p.m., on his executing a bond for a sum of Rs.25,000/-(Rupees Twenty Five Thousand Only) with one surety for a like sum to the satisfaction of the Superintendent, Central Prison, Madurai.

5. The Superintendent, Central Prison, Madurai is hereby directed to release the petitioner on executing surety to his satisfaction forthwith. It is made clear that the petitioner shall surrender before the concerned Prison on or before 07.06.2022 at 05.00 p.m., without fail. Further the petitioner/accused shall be released on bail with escort for attending the puberty function of his daughter. The petitioner shall bear the expenses for the escort.

6. The Superintendent of Central Prison, Madurai is directed to file a compliance report before the regular Court on 08.06.2022.

7. Post the matter before this Court on 08.06.2022. sd/- 06/06/2022 / TRUE COPY / 06/06/2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

TO

1. THE ADDITIONAL SUPERINTENDENT OF POLICE, CBI, SC.II, NEW DELHI.

2. THE SUPERINTENDENT, CENTRAL PRISON, MADURAI.

3. THE SPECIAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S.M/S.EBENEZER CHARLETS T.J., Advocate SR.No.24305(F), DATED : 06.06.2022.

ORDER

IN CRL OP(MD) No.9902 of 2022 Date :06/06/2022 CSM USK/PN/SAR-II/06.06.2022/2P/5C https://hcservices.ecourts.gov.in/hcservices/ 2/2