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Madras High CourtCRL OP(MD)/7811/2024ordered

Anandharaj v. The Inspector Of Police

2024-06-03Honourable Mr Justice B.Pugalendhi5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 03.06.2024 PRESENT The Hon`ble Mr.Justice B.PUGALENDHI CRL OP(MD).Nos.7811 and 8024 of 2024 Ananadharaj ... Petitioner/Accused No.2

Versus

State through The Inspector of Police, Keeramangalam Police Station, Pudukkottai District.

(Crime No. 47 of 2024) ... Respondent/Complainant For Petitioner : Mr.S.Sathyachidambaram, 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.47 of 2024 on the file of the respondent Police. 1/5

Crl.O.P.(MD)No.8024 of 2024 Satheeshkumar ... Petitioner/Accused No.1

Versus

State through The Inspector of Police, Keeramangalam Police Station, Pudukkottai District.

(Crime No. 47 of 2024) ... Respondent/Complainant For Petitioner : Ms.A.Banumathy, 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.47 of 2024 on the file of the respondent Police. COMMON ORDER : The Court made the following order :- The respondent police registered a case as against these petitioners in Crime No.47 of 2024 for the offence under Sections 294(b), 323, 324, 506(ii) r/w. Section 34 IPC altered into Sections 294(b), 302 r/w. Section 34 IPC and remanded them into judicial custody on 01.04.2024 and 04.04.2024 respectively. Therefore, the petitioners have filed these petitions seeking bail.

2. The case of the prosecution is that on the assumption that the deceased has 2/5

stolen the cell phone of A1, on 01.04.2024, the petitioners/A1 and A2 along with A3 assaulted the deceased with hands and wooden logs and caused severe injuries. Later, he deceased succumbed to the injuries.

3. The learned counsel 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 26.04.2024. He further submits that A3 has already been released on bail by this Court in Crl.O.P.(MD) No.6867 of 2024 dated 22.05.2024. Therefore, he prays for grant of bail to the petitioners.

4. The learned Additional Public Prosecutor appearing for the respondent opposes for grant of bail on the ground that the investigation is yet to be completed.

5. Considering the nature of offence, the period of incarceration and also considering the fact that A3 has already been released on bail by this Court in Crl.O.P.(MD)no.6867 of 2024 dated 22.05.2024, this Court is inclined to grant bail to the petitioners with certain conditions.

6. Accordingly, these Criminal Original Petitions are ordered and the petitioners are ordered to be released on bail i) on the petitioners executing a bond for a sum of Rs.25,000/-(Rupees Twenty Five Thousand) each, with two sureties each for a like sum to the satisfaction 3/5

of the learned District Munsif cum Judicial Magistrate, Alangudi, Pudukkottai District.

ii) The petitioners 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 petitioners shall appear before the respondent Police daily at 10.30 a.m. until further orders. They have to co-operate for the investigation. iv) The petitioners shall not misuse the liberty granted to them by indulging in any further offence and shall not tamper with the prosecution witnesses. They shall be available for the trial as well.

v) On violation of any of the above conditions by the petitioners, the respondent police shall move an application for cancellation of the bail. sd/- 03/06/2024 / TRUE COPY / 03/06/2024 Sub-Assistant Registrar (C.S.I /II /III /IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

OGY 4/5

TO THE DISTRICT MUNSIF CUM JUDICIAL MAGISTRATE, ALANGUDI, PUDUKKOTTAI DISTRICT.

DO THROUGH:

THE CHIEF JUDICIAL MAGISTRATE, PUDUKKOTTAI DISTRICT.

THE INSPECTOR OF POLICE KEERAMANGALAM POLICE STATION, PUDUKKOTTAI DISTRICT.

THE OFFICER INCHARGE DISTRICT PRISON, PUDUKKOTTAI.

THE OFFICER INCHARGE, CENTRAL WOMEN JAIL, PUDUKKOTTAI DISTRICT.

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

+1. CC to M/S.A.BANUMATHY Advocate SR.No.6044 DT: 03/06/2024

ORDER

IN CRL OP(MD).Nos.7811 and 8024 of 2024 Date :03/06/2024 PKP/03.06.2024/ 5P/ 8C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5