Muthukumar @ Labber Muthukumar v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 10/05/2023 PRESENT The Hon`ble Mrs.Justice R. KALAIMATHI Muthukumar @ Labber Muthukumar, ... Petitioner/Accused No.4 Vs State Rep.by The Inspector of Police, Anna Nagar Police Station, Madurai District.

Crime No.153 of 2023..

... Respondent/Complainant For Petitioner : M/s. Malaiyendran.V, Advocate. For Respondent : Mr.R.M.Anbunithi, Additional Public Prosecutor (Crl.Side) PETITION FOR BAIL Under Sec.439 of Cr.P.C.

PRAYER :- For Bail in Crime No.153 of 2023 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioner /A4 who was arrested and remanded to judicial custody on 10.03.2023 for the offences under sections 147,148,302,342,427,452 of IPC in Crime No.153 of 2023 on the file of the respondent police seeks bail.

2. The defacto complainant is the wife of the deceased. The case of the prosecution is that four months prior to the occurrence A1 teased the sister of the deceased, which was condemned by the deceased. The deceased had beaten A1 and severely warned him in a public place. Due to that enmity on 09.03.2023 at 4.00 pm., when the defacto complainant, her husband and child were in the home, A1 and A2 trespassed into the house and brutally assaulted the deceased and caused his death. Other accused persons were waiting outside the house of the deceased and prevented the deceased from escaping from the place occurrence, hence the case.

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3. Heard both sides and perused the materials available on record including the First Information Report.

4. Taking into consideration the facts and submissions made by the learned counsels and also the period of incarceration , this court is inclined to grant bail to the petitioner , subject to the following conditions:

[a] Accordingly, the petitioner is ordered to be released on bail on condition to execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties each for a like sum to the satisfaction of the learned Judicial Magistrate No.VI, Madurai and on further conditions that:

[b] 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. [c] the petitioner shall stay at Dindigul and report before the Dindigul Town North Police Station daily at 10.30 a.m., until further orders.

[d] the petitioner shall not commit any offences of similar nature.

[e] the petitioner shall not abscond either during investigation or trial.

[f] the petitioner shall not tamper with evidence or witness either during investigation or trial.

[g] On breach of any of the aforesaid conditions, the learned Judicial Magistrate/Trial Court is entitled to take appropriate action against the petitioner in accordance with law as if the conditions have been imposed and the petitioner is released on bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560].

[h] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.

sd/- 10/05/2023 / TRUE COPY / 10/05/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

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AAV TO 1 THE JUDICIAL MAGISTRATE NO.VI, MADURAI.

2 DO THROUGH:

THE CHIEF JUDICIAL MAGISTRATE, MADURAI DISTRICT.

3 THE OFFICER INCHARGE DISTRICT JAIL, VIRUDHUNAGAR.

4 THE INSPECTOR OF POLICE ANNA NAGAR POLICE STATION, MADURAI DISTRICT.

5 THE INSPECTOR OF POLICE, DINDIGUL TOWN NORTH POLICE STATION, DINDIGUL. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1 CC to M/s.V.MALAIYENDRAN, Advocate (SR-7239[I] dated 10/05/2023 )

ORDER

IN CRL OP(MD) No.8619 of 2023 Date :10/05/2023 PKP/VR/SAR- /10.05.2023/ 3P/8C 3/3