Solaiyappan 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
1. Solaiyappan
2. Mariappan
3. Thaveethu @ Gurusamy ... Petitioners/Accused Nos. 1 to 3
Versus
State Rep. by The Inspector of Police, Kayathar Police Station, Thoothukudi District.
... Respondent/Complainant For Petitioners : Mr.M.Prabhu,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.122 of 2024 on the file of the respondent Police. ORDER : The Court made the following order :- The respondent police registered a case as against the petitioners in Crime 1/5
No.122 of 2024 for the offence under Sections 294(b), 304(2) and 506(ii) IPC and remanded them into judicial custody on 04.04.2024. Therefore, the petitioners have filed this petition seeking bail.
2. The deceased in this case is the son-in-law of A3. There was a dispute between the deceased and his wife, namely, the daughter of A3. On the date of occurrence, i.e. on 03.04.2024, the deceased went to the house of A3 and insisted his wife to come along with him. At that time, the petitioners objected the same and pushed him down, due to which, he fell down on a cement concrete stone and thereby, caused death. Hence, the case.
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 04.04.2024. He further submits that in the alleged occurrence, the petitioners have not used any weapons. 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. 2/5
5. Considering the nature of offence and also considering the period of incarceration, this Court is inclined to grant bail to the petitioners with certain conditions.
6. Accordingly, this Criminal Original Petition is 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 of the learned Judicial Magistrate No.II, Kovilpatti, Thoothukudi. 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 report 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.
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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 TO THE JUDICIAL MAGISTRATE NO.II KOVILPATTI, THOOTHUKUDI.
DO THROUGH:
THE CHIEF JUDICIAL MAGISTRATE, THOOTHUKUDI DISTRICT.
THE INSPECTOR OF POLICE KAYATHAR POLICE STATION, THOOTHUKUDI DISTRICT.
THE SUPERINTENDENT CENTRAL PRISON PALAYAMKOTTAI 4/5
THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
ORDER
IN CRL OP(MD) No.7880 of 2024 Date :03/06/2024 PKP/03.06.2024/ 5P/ 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5