Sivasubramanian v. The Sub Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 20/06/2024 PRESENT The Hon`ble Mr.Justice B.PUGALENDHI Sivasubramanian, ... Petitioner/Accused No.5 Vs The State represented by The Sub Inspector of Police, Koodankulam Police Station, Tirunelveli District.

(Crime No.196/2024).

... Respondent/Complainant For Petitioner : M/s.Thangadurai. M,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.196/2024 on the file of the Respondent Police. ORDER : The Court made the following order :- The respondent police registered a case as against this petitioner in Crime 1/4

No.196 of 2024 for the offence under Sections 120(B), 341, 342, 294(b), 324, 307, 302 and 506(ii) IPC, and remanded her into judicial custody on 11.05.2024. Therefore, the petitioner has filed this petition seeking bail.

2. The case of the prosecution is that due to previous enmity, on 08.05.2024, the accused have waylaid the defacto complainant and his father, attacked them using sickle and caused grievous injury. Both went to the hospital and there, it is declared that the defacto complainat's father is brought dead. Hence the case.

3. The learned counsel for the petitioner submits that the petitioner is a taxi driver, who dropped the accused at Tirunelveli, after the occurrence. Based on the confession statement of one of the co-accused, the petitioner is implicated in this case. However, he has been arrested and he is languishing in jail from 11.05.2024. Therefore, he prays for grant of bail.

4. The learned Additional Public Prosecutor appearing for the respondent submits that no previous case is pending against the petitioner.

5. Considering the facts and circumstances of the case, the period of incarceration and also considering the antecedent of the petitioner, this Court is inclined to grant bail to the petitioner.

6. Accordingly, this Criminal Original Petition is ordered and the petitioner is ordered to be released on bail 2/4

i) on the petitioner executing 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, Radhapuram, Tirunelveli District. 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 appear before the respondent Police, daily at 10.30 a.m. and 05.30 pm 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. He 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/- 20/06/2024 / TRUE COPY / 20/06/2024 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

LR TO THE JUDICIAL MAGISTRATE RADHAPURAM, TIRUNELVELI DISTRICT.

3/4

DO-THROUGH :

THE CHIEF JUDICIAL MAGISTRATE, THIRUNELVELI DISTRICT.

THE SUPERINTENDENT, CENTRAL PRISON, PALAYAMKOTTAI.

THE SUB INSPECTOR OF POLICE KOODANKULAM POLICE STATION, TIRUNELVELI DISTRICT.

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

+1 CC to M/s.M.PERUMAL, Advocate ( SR-6754[I] dated 20/06/2024 )

ORDER

IN CRL OP(MD) No.8985 of 2024 Date :20/06/2024 PKP/20.06.2024/ 4P/7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4