Thavamani Veeran v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 23.05.2024 PRESENT THE HON`BLE MRS.JUSTICE S.SRIMATHY 1.Thavamani Veeran (*)2.Praveenkumar ... Petitioners/Accused Nos.2 & 3 Vs The Inspector of Police, Keelavalavu Police Station, Madurai District.

(Crime No.28 of 2024).

... Respondent/Complainant For Petitioners :

Mr.K.Sathish Kumar, Advocate For Respondent :

Mr.M.Sakthi Kumar, Government Advocate (Crl.Side) PETITION FOR BAIL Under Sec.439 of Cr.P.C.

PRAYER :- For Bail in Crime No. 28 of 2024 on the file of the Respondent Police. ORDER : The Court made the following order :- The petitioners, who were arrested and remanded to judicial custody on 13.03.2024, for the offence under Section man missing altered into Sections 109, 341, 342, 364, 302 and 201 of IPC in Crime No.28 of 2024 on the file of the respondent police, seeks bail.

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2. The case of the prosecution is that the defacto complainant's husband was missing and hence she lodged a complaint. Thereafter, A1 voluntarily surrendered and confessed that due to previous enmity he and other accused persons kidnaped the defacto complainant's husband and murdered him. Subsequently, the case was altered into Sections 109, 341, 342, 364, 302 and 201 of IPC. 3.The learned counsel appearing for the petitioners submits that the petitioners are innocent persons and they have not committed any offence as alleged by the prosecution. However, they are languishing in jail from 13.03.2024. Hence, he prays for grant of bail to the petitioners.

4. The learned Government Advocate(Crl.side) appearing for the respondent police submits that the petitioners herein are the main persons who were behind the occurrence. He further submits that investigation is not yet completed and hence he strongly objects to grant bail to the petitioners.

5. Considering the facts and circumstances of the case and also taking note of the period of incarceration, this court is inclined to grant bail to the petitioners. 2/5

6. Accordingly, the petitioners ordered to be released on bail on their executing a bond for a sum of Rs.10,000/- (Rupees Ten thousand only) each with two sureties, each for a like sum to the satisfaction of the learned Judicial Magistrate, Melur and on further conditions that :- a) the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the learned Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity. b) the petitioners shall stay at Thanjavur and report before the Inspector of Police, (*)Thanjavur East Police Station, Thanjavur daily at 10.30 a.m, until further orders.

c) the petitioners shall not abscond either during investigation or trial. d) the petitioners shall not tamper with evidence or witness either during investigation or trial.

e) On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioners in accordance with law as if the conditions have been imposed and the petitioners are released on bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560].

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f) If the accused thereafter abscond, a fresh FIR can be registered under Section 229A IPC.

sd/- 23/05/2024 (*)FOR BEING MENTIONED AS PER ORDER OF THIS HON'BLE COURT DT.24/05/2024 IN CRL.OP(MD).7551/2024.

/ TRUE COPY / 24/05/2024 Sub-Assistant Registrar Madurai Bench of Madras High Court, Madurai - 625 023.

MGA/ABR To TO BE SUBSTITUTED WITH THE ORDER DT. 23/05/2024 ALREADEY DESPATCHED 1 THE JUDICIAL MAGISTRATE, MELUR.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, MADURAI DISTRICT. 3 THE INSPECTOR OF POLICE, KEELAVALAVU POLICE STATION, MADURAI DISTRICT.

4 THE SUPERINTEDENT, CENTRAL PRISON, MADURAI. 5 THE INSPECTOR OF POLICE, THANJAVUR EAST POLICE STATION, THANJAVUR DISTRICT.

6 THE INSPECTOR OF POLICE, THANJAVUR POLICE STATION, THANJAVUR DISTRICT.

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

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+1 CC to M/s.K.SATHISH KUMAR, Advocate ( SR-5726[I] dated 23/05/2024 )

ORDER

IN CRL OP(MD) No.7551 of 2024 Date :23/05/2024 RS//SAR-(23.05.2024) 5P 8C LS PKP/24.05.2024/ 5P/9C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5