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Madras High CourtCRL OP(MD)/8835/2024ordered

Malathi v. The Inspector Of Police

2024-06-20Honourable Mr Justice B.Pugalendhi5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 20/06/2024 PRESENT The Hon`ble Mr.Justice B.PUGALENDHI

1. Malathi,

2. R.Sarasu, ... Petitioners/Accused Nos. 1 & 2 Vs The Inspector of Police, Manachanallur Police Station, Trichy District Crime No.93/2024.

... Respondent/Complainant For Petitioners : M/s.Maruthupandian.M,Advocate. For Respondent : Mr.E.Antony Sahaya Prabahar, Additional Public Prosecutor PETITION FOR BAIL Under Sec. 439 Cr.P.C.

PRAYER :- For Bail in Crime No.93/2024 on the file of the respondent of Police. ORDER : The Court made the following order :- The petitioners/A1 and A2, who were arrested on 30.04.2024 in connection with the offences under Sections 294(b) and 302 of IPC, in Crime No.93 of 2024 on the file 1/5

of the respondent police, seek bail.

2.The case of the prosecution is that the petitioners and other accused abused the defacto complainant's father in filthy language and also kicked him, due to which, the father of the defacto complainant died. Hence, the case. 3.The learned counsel for the petitioners submits that the petitioners are innocents and they have not committed any offence as alleged by the prosecution. He further submits that the petitioners are languishing in jail from 30.04.2024. 4.The learned Additional Public Prosecutor for the respondent raised serious objections that on 24.04.2024, the petitioners have pushed the deceased and the deceased fell down from the cot. He was then taken to the Hospital and he died on 30.04.2024.

5. The deceased in this case is a Senior Citizen. On 24.04.2024, he was admitted in the hospital with injuries that he fell down from the cot. He died on 30.04.2024. Thereafter, the complaint has been lodged that the petitioners, who are the neighbours, have created problem with the defacto complainant's father and pushed him down and on account of which he died. The petitioners are A1 and A2 in this case and both are women. Though the occurrence is said to have taken place on 24.04.2024, the complaint was lodged on 30.04.2024.

6. Taking into consideration of the facts and circumstances of the case and the 2/5

nature of allegation as against the petitioners and the period of incarceration, this Court is inclined to grant bail to the petitioners with certain conditions. 7.Accordingly, this Criminal Original Petition is ordered and the petitioners are ordered to be released on bail on the following conditions:- i) The petitioners shall execute 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 Judicial Magistrate Court No.III, Trichy;

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 file an undertaking affidavit before the respondent police stating that they will not indulge in any such offence in future. Further, the petitioners shall report before the respondent police daily at 10.30 a.m. until further orders;

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. The petitioners shall be available for the trial as well. 3/5

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/- 20/06/2024 / TRUE COPY / 20/06/2024 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

LS TO THE JUDICIAL MAGISTRATE NO.III TRICHY.

DO THROUGH:

THE CHIEF JUDICIAL MAGISTRATE, TRICHY DISTRICT.

THE INSPECTOR OF POLICE MANACHANALLUR POLICE STATION, TRICHY DISTRICT THE SUPERINTENDENT WOMEN PRISON, CENTRAL PRISON, TRICHY THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

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+1 CC to M/s.M.MARUTHUPANDIAN, Advocate ( SR-6723[I] dated 20/06/2024 )

ORDER

IN CRL OP(MD) No.8835 of 2024 Date :20/06/2024 ED/20.06.2024/ 5P/7 C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5