Godwin Titus v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 03.06.2024 PRESENT The Hon`ble Mr.Justice B.PUGALENDHI Godwin Titus ... Petitioner / Accused No.4

Versus

The State Rep. by Inspector of Police, Kalakadu Police Station, Tirunelveli District.

(Crime No.144 of 2024) ... Respondent / Complainant For Petitioner :

Mr.K.Sivabalan, 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.144 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.144 of 2024 for the offence under Sections 447, 323, 341, 324, 307, 294(b), 506(ii) 1/5

IPC altered into Sections 447, 323, 341, 324, 294(b), 506(ii) and 302 IPC and remanded him into judicial custody on 15.03.2024. Therefore, the petitioner has filed this petition seeking bail.

2. The case of the prosecution is that due to previous enmity between the deceased and A1, several complaints have been lodged by both parties. The deceased sent some message in the village Whatsapp group mentioning the activities of the accused persons. Therefore, A1 to A3 conspired together to commit murder of the deceased. The petitioner/A4 watched the movement of the deceased and informed the same to A1 to A3. Thereafter, they waylaid the deceased and his brother, attacked them and thereby caused injuries. Hence, the case.

3. The learned counsel for the petitioner submits that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution. However, he is languishing in jail from 15.03.2024. He further submits that the petitioner has been implicated in this case only through the confession statement of the co-accused that he watched the movement of the deceased and intimated the same to them. Therefore, he prays for grant of bail to the petitioner.

4. The learned Additional Public Prosecutor appearing for the respondent opposes for grant of bail on the ground that the petitioner is having three previous cases. He further submits that considering the gravity of offence and the manner in 2/5

which the occurrence has taken place, the other accused persons have been detained under the Tamil Nadu Act 14 of 1982.

5. Considering the nature of offence, the overt act attributed as against the petitioner and also considering the period of incarceration, this Court is inclined to grant bail to the petitioner with certain conditions.

6. Accordingly, this Criminal Original Petition is ordered and the petitioner is ordered to be released on bail i) on the petitioner executing 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, Nanguneri;

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 stay at Trichy and report before the Inspector of Police, Trichy Cantonment Police Station, Trichy, 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 3/5

indulging in any further offence and shall not tamper with the prosecution witnesses. He 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/- 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 To 1.The Judicial Magistrate, Nanguneri.

2.Do through the Chief Judicial Magistrate, Tirunelveli District.

3.The Inspector of Police, Kalakadu Police Station, Tirunelveli District.

4.The Superintendent, Central Prison, Palayamkottai.

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5.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

Copy to:

The Inspector of Police, Trichy Cantonment Police Station, Trichy.

+1 CC to M/s.K.SIVABALAN, Advocate ( SR-6049[I] dated 03/06/2024 )

ORDER

IN CRL OP(MD) No.7864 of 2024 Date :03/06/2024 ED/ /SAR- (03/06/2024) 5P / 8C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5