Thayalan v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 25/06/2024 PRESENT THE HON`BLE MR.JUSTICE B.PUGALENDHI 1.Thayalan 2.Sankar @ Sankar Las ... Petitioners/Accused No.1 & 4 Vs The Inspector of Police, Lalgudi Police Station, Trichy District.
Cr.No.183 of 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 of Cr.P.C.
PRAYER :- For Bail in Crime No.183 of 2024 on the file of the respondent police 1/5
ORDER : The Court made the following order :- The petitioners/A1 & A4, who were arrested on 21.04.2024 for the alleged offence under Sections 147, 148, 294(b), 323 and 307 IPC altered into Sections 147, 148, 294(b), 323 and 302 IPC in Crime No.183 of 2024, on the file of the respondent police, seek bail.
2.The case of the prosecution is that on 09.04.2024, the first and fourth accused are said to have attacked the husband of the defacto complainant by using wooden log, thereby he sustained injuries and subsequently, he died. Hence, the complaint.
3.The learned counsel appearing for the petitioners submits that the petitioners are innocent persons and they have not committed any offence as alleged by the prosecution.
4.The learned Additional Public Prosecutor appearing for the respondent strongly opposes for grant of bail to the petitioners that the petitioners are having one previous case each to their credit.
5. Considering the facts and circumstances of this case and considering the period of incarceration, this Court is inclined to grant bail to the petitioners with some stringent conditions.
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6. 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 learned Judicial Magistrate, Lalgudi, 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 stay at Tiruchendur and report before the Inspector of Police, Tiruchendur Temple Police Station daily at 10.30 a.m., until further orders. The petitioners have to co-operate for the trial.
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.
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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/- 25/06/2024 / TRUE COPY / 25/06/2024 Sub-Assistant Registrar (C.S.I /II /III /IV ) Madurai Bench of Madras High Court, Madurai - 625 023.
VRN To 1.The Judicial Magistrate, Lalgudi, Trichy.
2.Do through the Chief Judicial Magistrate, Trichy District.
3.The Inspector of Police, Lalgudi Police Station, Trichy District.
4.The Superintendent, Central Prison, Trichy.
5.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
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Copy to:
The Inspector of Police, Tiruchendur Temple Police Station, Tiruchendur.
ORDER
IN CRL OP(MD) No.9289 of 2024 Date :25/06/2024 ED/ /SAR- (25/06/2024) 5P / 7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5