Peththukumar v. The Inspector Of Police
Crl.OP(MD)No.11833 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Dated: 01/07/2022 PRESENT The Hon'ble Mr.Justice G.ILANGOVAN Crl.OP(MD)No.11833 of 2022 Peththukumar ... Petitioner/Accused No.1 Vs.
The State rep. By The Inspector of Police, Pandalgudi Police Station, Virudhunagar District.
(Crime No.27 of 2022) ... Respondent/Complainant For Petitioner : Mr.D.S.HAROON RASHEED, Advocate For Respondent : Mr.B.THANGA ARAVINDH Government Advocate(Criminal side) PETITION FOR BAIL under Sec.439 of Cr.P.C PRAYER :- For Bail in Crime No.27 of 2022 on the file of the Respondent Police.
ORDER : The Court made the following order:- The petitioner, who is arrayed as A1 was arrested, on 15/03/2022 and remanded to judicial custody for the alleged offences punishable under sections 147, 148, 294(b), 342, 324, 307 and 302 IPC, in Crime No.27 of 2022 on the file of the respondent police, seeks bail.
2.The case of the prosecution is that A1 was having love affair with one Anitha. Anitha was married to her maternal uncle namely Pandi. After the marriage also, A1 frequently contacted Anitha over phone, even though, he was warned by her family members. Due to the said motive, on 13/03/2022 at about 1.12 pm, all the accused persons assembled unlawfully with deadly weapons and abused the deceased Senthil, who is the father of the de-facto complainant, in filthy language and wrongfully confined. Thereafter, at the instigation of A1, the other accused persons followed the deceased Senthil in a car bearing registration No.TN-14-C-4484 at Koppusithampatti and dashed against the two wheeler, in which, the deceased was taken to the hospital and thereby, caused his death.
3.Seeking bail, this petition came to be filed by the petitioner on the ground that he was arrested, on 15/03/2022 and ever-since, he is in custody and he was falsely implicated in this crime and the co-accused were granted bail by this court. https://www.mhc.tn.gov.in/judis 1/2
Crl.OP(MD)No.11833 of 2022 4.The learned Government Advocate (Criminal side) would submit that the petitioner is the prime accused in this case and if he is released on bail, he will tamper the witnesses. He would further submit that in this case, final report has been filed before the concerned court.
5.Considering the duration of the custody of the petitioner and also considering the fact that final report has been filed before the concerned court and the co-accused were released on bail by this court in Crl.OP(MD)Nos.9621, 9797 and 9806 of 2022, dated 02/06/2022, this court is inclined to enlarge the petitioner on bail with certain conditions. Accordingly, the petitioner is ordered to be released on bail on his executing 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, Aruppukottai and on further condition that the petitioner shall report before the respondent police daily at 10.30 am until further orders. sd/- 01/07/2022 / TRUE COPY / 01/07/2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
Note :In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate / litigant concerned.
TO 1 THE JUDICIAL MAGISTRATE, ARUPPUKOTTAI.
2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, VIRUDHUNAGAR DISTRICT AT SRIVILLIPUTHUR.
3 THE INSPECTOR OF POLICE, PANDALGUDI POLICE STATION, VIRUDHUNAGAR DISTRICT. 4 THE SUPERINTENDENT, CENTRAL PRISON, MADURAI. 5 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
ORDER IN CRL OP(MD) No.11833 of 2022 Date :01/07/2022 SA/PN/SAR.1/01.07.2022/2P/6C https://www.mhc.tn.gov.in/judis 2/2