Vadivel v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 28.06.2024 PRESENT The Hon`ble Mr.Justice B.PUGALENDHI Vadivel ... Petitioner/Sole Accused
Versus
State Rep. by The Inspector of Police, Ponnamaravathi Police Station, Pudukkottai District.
(Cr.No.158 of 2023) ... Respondent/Complainant For Petitioner : Mr.A.Saravanan,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.158 of 2023 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.158 of 2023 for the offence under Sections 294(b) and 307 of IPC altered as Sections 307, 302, 364, 506(ii) & 294(b) of IPC, and remanded him into judicial custody on 04.09.2013. Therefore, the petitioner has filed this petition seeking bail.
2. The case of the prosecution is that due to previous enmity with regard to the land dispute, the petitioner with an intention to murder the defacto complainant's husband had taken him in a two wheeler and when they are travelling to Kanmaikarai, the petitioner suddenly attacked him with a knife and also caused injury. Subsequently, the victim died. Hence, the case.
3. The learned counsel for the petitioner submits that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution. However, he is languishing in jail from 04.09.2013. Therefore, he prays for grant of bail.
4. The learned Additional Public Prosecutor appearing for the respondent submitted that the investigation has been completed and the final report has also been filed before the Court concerned. Also, he fairly submitted that the petitioner has no previous case pending as against him.
5. Considering the period of incarceration and also considering the stage of investigation that the final report has been filed, this Court is inclined to grant bail to the petitioner.
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6. Accordingly, this Criminal Original Petition is ordered and the petitioner is ordered to be released on bail 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 Additional District and Sessions Court, Pudukkottai. 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 appear before the respondent Police Station, once in a week 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. 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/- 28/06/2024 / TRUE COPY / 28/06/2024 Sub-Assistant Registrar (C.S.I /II /III /IV ) Madurai Bench of Madras High Court, Madurai - 625 023.
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JBR TO THE ADDITIONAL DISTRICT AND SESSIONS JUDGE, PUDUKKOTTAI.
THE INSPECTOR OF POLICE PONNAMARAVATHI POLICE STATION PUDUKKOTTAI DISTRICT.
THE SUPTERINTENDENT CENTRAL PRISON, TRICHY.
THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1 CC to M/s.A.SARAVANAN, Advocate ( SR-7086[I] dated 28/06/2024 )
ORDER
IN CRL OP(MD) No.9524 of 2024 Date :28/06/2024 PKP/28.06.2024/ 4P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4