Sivaperumal v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 05/07/2024 PRESENT The Hon`ble Mr.Justice A.A.NAKKIRAN Sivaperumal ... Petitioner/Accused No.3 Vs The Inspector of Police, Seethaparpanallur Police Station, Tirunelveli District, (Crime No.112/2024.) ... Respondent/Complainant For Petitioner :

M/s.Karunanidhi.R, Advocate.

For Respondent :

Mr.R.M.Anbunithi, Additional Public Prosecutor PETITION FOR BAIL Under Sec.439 of Cr.P.C.

PRAYER :- For Bail in Crime No.112/2024 on the file of the respondent police. ORDER : The Court made the following order :- The petitioner/Accused, who was arrested and remanded to judicial custody on 14.05.2024 for the offences punishable under Sections 302, 294(b) and 506(ii) I.P.C, in crime No.112 of 2024 on the file of the respondent police, seeks bail. 1/4

2.The case of the prosecution is that the petitioner along with other accused abused the deceased in filthy language and also assaulted the deceased with aruval and he died.

3.The learned counsel for the petitioner would submit that the petitioner is innocent and he has been falsely implicated in this case. He would further submit that the petitioner is in judicial custody from 14.05.2024, hence he may be released on bail.

4.The learned Government Advocate (Crl. side) would submit that the investigation is yet to be completed. Hence, he strongly opposed to grant bail. However, he would further submit that co-accused in this case was already granted bail.

5.Considering the facts and circumstances of the case and also considering the facts that the major part of the investigation might have been completed and the petitioner is in judicial custody from 14.05.2024, co-accused in this case were already granted bail, this Court is inclined to grant bail to the petitioner on certain conditions.

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

learned Judicial Magistrate, Alankulam.

(i)the sureties shall affix their photographs and left thumb impression in the surety bond and the Magistrate/concerned court may obtain a copy of their Aadhar card or Bank Pass Book to ensure their identity; (ii)the petitioner shall report before the respondent police daily at 10.30 a.m., until further orders;

(iii)the petitioner shall not tamper with evidence or witness; iv)the petitioner shall not abscond during trial. v)On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioner in accordance with law as if the conditions have been imposed and the petitioner released on bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560]. sd/- 05/07/2024 / TRUE COPY / 05/07/2024 Sub-Assistant Registrar (C.S.I /II /III /IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

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To 1.The Judicial Magistrate, Alankulam.

2.Do through the Chief Judicial Magistrate, Tirunelveli District.

3.The Inspector of Police, Seethaparpanallur Police Station, Tirunelveli District.

4.The Superintendent, Central Jail, Palayamkottai.

5.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1 CC to M/s.R.KARUNANIDHI, Advocate ( SR-7527[I] dated 05/07/2024 )

ORDER

IN CRL OP(MD) No.9487 of 2024 Date :05/07/2024 ED/ /SAR- (05/07/2024) 4P / 7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4