Ayiravalli v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 23/07/2021 PRESENT The Hon`ble Mr.Justice SATHI KUMAR SUKUMARA KURUP 1.Ayiravalli 2.Jeganeswari ... Petitioners/Accused Nos.3 and 4 Vs State represented by The Inspector of Police, Sikkal Police Station, Ramanathapuram District.
(Crime No.106 of 2021) ... Respondent/Complainant For Petitioners: Mr.T.Veerakumar, Advocate.
For Respondent : Mr.Antony Sahaya Prabahar, Additional Public Prosecutor PETITION FOR BAIL Under Sec.439 of Cr.P.C.
PRAYER :-For Bail in Crime No.106 of 2021 on the file of the Respondent Police.
ORDER : The Court made the following order :- Heard the learned counsel appearing for the petitioners and the learned Additional Public Prosecutor appearing for the respondent. 2.The petitioners are arrayed as accused Nos.3 and 4 in this case. They were arrested and remanded to Judicial Custody on 16.06.2021 for the offences punishable under sections 294(b), 336 and 302 of IPC in Crime No.106 of 2021 on the file of the respondent police. They seek bail.
3.The case of the prosecution is that due to wordy quarrel, the accused attacked the deceased and thereby the deceased fell down and subsequently he was brought to the hospital and declared as brought to die. Hence, the complaint.
4.The learned Additional Public Prosecutor appearing for the respondent submitted that both the accused and the victim are related to each other. On the date of occurrence, the accused 1/3
alleged to have hit the deceased with bricks and thereby causing death of the accused.
5.Taking note of the facts and circumstances of this case, I am inclined to enlarge the petitioners on bail with certain conditions. 6.Accordingly, the petitioners are 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, Kadaladi, Ramanathapuram District and on further conditions that: [a] the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity. [b] the petitioners shall report before the respondent police daily at 10.00 am., 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 released on bail by the learned Magistrate/Trial Court themselves as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560].
[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.
sd/- 23/07/2021 / TRUE COPY / / /2021 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.
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TO
1. THE JUDICIAL MAGISTRATE, KADALADI, RAMANATHAPURAM DISTRICT.
2. DO-THROUGH THE CHIEF JUDICIAL MAGISTRATE, RAMANATHAPURAM DISTRICT.
3. THE SUPERINTENDENT,CENTRAL PRISON, MADURAI.
4. THE INSPECTOR OF POLICE, SIKKAL POLICE STATION, RAMANATHAPURAM DISTRICT.
5. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1 CC to M/s.M/S.T.VEERAKUMAR, Advocate ( SR-4808[I] dated 23/07/2021 )
ORDER
IN CRL OP(MD) No.9846 of 2021 Date :23/07/2021 MM MS/VR/SAR-4/23.07.2021/3P.7C 3/3