Angumuthusamy v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 10/06/2024 PRESENT The Hon`ble Mr.Justice B.PUGALENDHI Angumuthusamy, ... Petitioner/Accused No.8 Vs The Inspector of Police, Devakottai Taluk Police Station, Sivagangai District Crime No.136/2024.

... Respondent/Complainant For Petitioner : M/s.Thirupathy.S, 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.136/2024 on the file of the respondent police ORDER : The Court made the following order :- The petitioner/A8, who was arrested on 17.05.2024 in connection with the 1/5

offence under Sections 147, 148, 294(b), 302 and 201 of IPC in Crime No.136 of 2024 on the file of the respondent police, seeks bail. 2.The case of the prosecution is that on 21.03.2024 at about 10.00 p.m, there was a dispute between the deceased and the accused No.1 to 6 with regard to drinking alcohol, due to which, A1 to A6 had murdered the deceased. Thereafter, on 14.05.2024, A1 and A3 voluntarily gave an extra judicial confession before the Village Administrative Officer in respect of the alleged occurrence and they also confessed that the deceased vehicle bearing Registration No.TN 28 BV 4812 was used for the occurrence. Based on their confession statement, the present case has been registered against the petitioner and other accused. 3.

The learned counsel for the petitioner submits that the petitioner is an innocent and he has not committed any offence as alleged by the prosecution. He further submits that the petitioner only purchased the alleged vehicle from A7 and gave it to A8 and thereafter, the vehicle was scrapped. He further submits that the petitioner is languishing in jail from 17.05.2024. 4.

the petitioner was not present at the time of occurrence, when A1 to A5 had committed the offence and after the commission of offence, the petitioner is said to have dismantled the deceased's vehicle and sold the same along with A7 to A9. 5.Taking into consideration of the facts and circumstances of the case and also the period of incarceration, this Court is inclined to grant bail to the petitioner on 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 to the satisfaction of the learned Judicial Magistrate, Devakottai;

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. and 05.00 p.m., until further orders;

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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/- 10/06/2024 / TRUE COPY / 10/06/2024 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

SJI TO 1 THE JUDICIAL MAGISTRATE, DEVAKOTTAI.

2 DO-THROUGH :

THE CHIEF JUDICIAL MAGISTRATE, SIVAGANGAI DISTRICT. 3 THE OFFICER INCHARGE, DISTRICT JAIL, RAMANATHAPURAM.

4 THE INSPECTOR OF POLICE DEVAKOTTAI TALUK POLICE STATION, SIVAGANGAI DISTRICT 4/5

5 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1 CC to M/s.S.THIRUPATHY, Advocate ( SR-6257[I] dated 10/06/2024 )

ORDER

IN CRL OP(MD) No.8408 of 2024 Date :10/06/2024 SS/SAR- /10/06/2024/5P/7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5