Saleemraja 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 Saleemraja ... Petitioner/Accused No.8 Vs The Inspector of Police, Devakottai Taluk Police Station, Sivagangai District.

Crime No.136/2024.

... Respondent/Complainant For Petitioner :

Mr.V.Karthick, 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 of 2024 on the file of the respondent police ORDER : The Court made the following order :- The petitioner, who was arrested on 17.05.2024 for the alleged 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 due to some dispute between the deceased 1/4

and A1 to A6, with regard to consuming of alcohol, A1 to A6 have murdered the deceased. A1 to A3 surrendered before the Village Administrative Officer and have given confession statements, based on which, the case has been registered as against this petitioner.

3.The learned counsel for the petitioner submits that initially, the petitioner is not a named accused in the above Crime number. Based on the confession statement of the co-accused, the petitioner has been implicated in this case. The learned counsel further submits that similarly placed person has been released on bail by this Court in Crl.OP(MD) No.8408 of 2024, dated 10.06.2024. 4.The learned Additional Public Prosecutor appearing for the respondent opposes for grant of bail to the petitioner on the ground that the investigation is yet to be completed.

5. Considering the facts and circumstances of this case, considering the period of incarceration and considering the fact that the co-accused has been released on bail, this Court is inclined to grant bail to the petitioner with the 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 2/4

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, until further orders. He has to co-operate for the investigation. 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/- 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, 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.

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

+1 CC to M/s.S.VIDHYASAGAR, Advocate ( SR-6561[I] dated 18/06/2024 )

ORDER

IN CRL OP(MD) No.8818 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