Muthukrishnan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 06/06/2024 PRESENT THE HON`BLE MR.JUSTICE B.PUGALENDHI Muthukrishnan ... Petitioner/Accused Vs The Inspector of Police, Mandalamanickam Police Station, Ramanathapuram District.

(Crime No.22/2024.) ... Respondent/Complainant For Petitioner :

Mr. S.Anandakumar, 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.22 of 2024 on the file of the Respondent Police. ORDER : The Court made the following order :- The petitioner, who was arrested on 05.04.2024 for the alleged offence under Sections 294(b), 302, 506(ii) of IPC in Crime No.22 of 2024, on the file of the respondent police, seeks bail.

2.The case of the prosecution is that the defacto complainant is the grandson of the deceased. The petitioner is the maternal uncle of the defacto 1/4

complainant. While the defacto complainant was staying in the petitioner's house on 05.04.2024, there was some wordy altercation between the petitioner and the defacto complainant. Thereafter, the defacto complainant went to his grand father's house (deceased) and the petitioner also came there. When the deceased questioned the petitioner with regard to the quarrel, the petitioner abused him in filthy language and assaulted him by using a sickle and caused death. Hence, the complaint. 3.The learned counsel appearing for the petitioner submits that the occurrence has happened due to sudden provocation of the petitioner and it is not intentionally done. Due to the advanced age of the deceased, he died. 4.The learned Additional Public Prosecutor appearing for the respondent submits that there was a family dispute. No previous case is pending as against this petitioner.

5. Considering the facts and circumstances of this case and considering the period of incarceration, this Court is inclined to grant bail to the petitioner with some stringent conditions.

6. Accordingly, this Criminal Original Petition is ordered and the petitioner is ordered to be released on bail on the following conditions:- i) The petitioner shall execute a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties each for a like sum 2/4

to the satisfaction of the learned Judicial Magistrate, Kamuthi. 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 report before the respondent police daily at 10.30 a.m until further orders. He shall co-operate for the interrogation.

iv) The petitioner shall not misuse the liberty granted to him by indulging in any further offence and shall not tamper with the prosecution witnesses. The petitioner 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/- 06/06/2024 / TRUE COPY / 06/06/2024 Sub-Assistant Registrar ( ) Madurai Bench of Madras High Court, Madurai - 625 023.

VRN 3/4

To 1.The Judicial Magistrate, Kamuthi.

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

3.The Inspector of Police, Mandalamanickam Police Station, Ramanathapuram District.

4.The Officer Incharge, District Jail, Ramanathapuram.

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

ORDER

IN CRL OP(MD) No.8269 of 2024 Date :06/06/2024 ED/ /SAR- (04/06/2024) 4P / 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4