Gomu v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 18/06/2024 PRESENT THE HON`BLE MR.JUSTICE B.PUGALENDHI Gomu ... Petitioner/Sole Accused Vs The Inspector of Police, Kayathar Police Station, Thoothukudi District.

Crime No.191 of 2024.

... Respondent/Complainant For Petitioner :

Mr.M.Prabu, 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.191 of 2024 on the file of the respondent police ORDER : The Court made the following order :- The petitioner, who was arrested on 28.05.2024 for the alleged offence under Sections 294(b), 307 and 506(ii) of IPC in Crime No.191 of 2024 on the file of the respondent police, seeks bail.

2.The case of the prosecution is that due to family dispute, the petitioner/a life 1/4

convict abused the defacto complainant, who is his own son in filthy language and stabbed him with knife. Hence, the complaint. 3.The learned counsel for the petitioner submits that the petitioner has now come forward with an affidavit that he will not disturb his family members and will not indulge in any offence in future. The petitioner is also prepared to file a similar affidavit before the respondent police.

4.The learned Additional Public Prosecutor appearing for the respondent police submits that the investigation in this case is yet to be completed.

5. Considering the facts and circumstances of this case, considering the period of incarceration and also the fact that the petitioner has filed an affidavit of undertaking that he will not indulge in any offence in future, 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 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 No.II, Kovilpatti, Tuticorin. 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; 2/4

iii) The petitioner shall stay at Kanyakumari and report before the Inspector of Police, Kanyakumari Town Police Station, daily at 10.30 a.m until further orders. iv) The petitioner shall file a similar affidavit before the respondent police that he will not indulge in any offence.

v) 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.

vi) On violation of any of the above conditions by the petitioner, the respondent police shall move an application for cancellation of the bail. sd/- 18/06/2024 / TRUE COPY / 18/06/2024 Sub-Assistant Registrar Madurai Bench of Madras High Court, Madurai - 625 023.

VRN TO 1 THE JUDICIAL MAGISTRATE NO.II, KOVILPATTI, THOOTHUKUDI. 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, THOOTHUKUDI DISTRICT.

3 THE SUPERINTENDENT, CENTRAL PRISON, PALAYAMKOTTAI. 4 THE INSPECTOR OF POLICE, KAYATHAR POLICE STATION, THOOTHUKUDI DISTRICT.

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

COPY TO THE INSPECTOR OF POLICE, KANYAKUMARI TOWN POLICE STATION, KANYAKUMARI DISTRICT.

ORDER

IN CRL OP(MD) No.8558 of 2024 Date :18/06/2024 RS//SAR-(18.06.2024) 4P 7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4