Madras High CourtCRL OP(MD)/9622/2024ordered

Marikannan v. The Inspector Of Police

2024-07-05Honourable Mr Justice B.Pugalendhi4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 05.07.2024 PRESENT The Hon`ble Mr.Justice B.PUGALENDHI * Marikannan, S/o.Muthuvel ... Petitioner/Unnamed Accused

Versus

State Rep. by The Inspector of Police, Aruppukottai Taluk Police Station, Virudhunagar District.

(Cr.No.68 of 2024) ... Respondent/Complainant For Petitioner : Mr.V.Vijayendiran, 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.68 of 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 No.68 of 2024 for the offence under Section 302 of IPC and remanded him into judicial custody on 30.03.2024. Therefore, the petitioner has filed this petition seeking bail. 1/4

2. The petitioner herein is arrayed as A4. The case of the prosecution is that on 29.03.2023, when A1 called the deceased to have unnatural sex, he refused the same. A1 called other accused persons and they attacked the defacto complainant with stick and hands and caused death. Hence, the complaint.

3. The learned Counsel for the petitioner submits that the petitioner is an innocent persons and he has not committed any offence as alleged by the prosecution. Further, he submits that the co-accused in this case have already been granted bail.

4. The Additional Public Prosecutor appearing for the respondent opposes for grant of bail stating that the murder was committed in a cruel manner.

5. Considering the facts and circumstances of the case, the period of incarceration and also considering the fact that the co-accused have already been granted bail, this Court is inclined to grant bail to the petitioner with certain conditions.

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 learned Judicial Magistrate, 2/4

Aruppukottai 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 shall appear before the respondent police, daily 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 her 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/- 05/07/2024 * Amended as per Order of this Court dated 10.07.2024 in CRL MP(MD) No.6938 of 2024 in CRL OP(MD) No.9622 of 2024) / TRUE COPY / 16/07/2024 Sub-Assistant Registrar Madurai Bench of Madras High Court, Madurai - 625 023.

JBR 3/4

TO To be substituted to the order dated 05/07/2024 already despatched 1 THE JUDICIAL MAGISTRATE, ARUPPUKOTTAI DISTRICT.

2 DO THROUGH THE CHIEF JUDICIALMAGISTRATE, VIRUDHUNAGAR DISTRICT AT SRIVILLIPUTHUR.

3 THE OFFICER INCHARGE, DISTRICT JAIL, VIRUDHUNAGAR.

4 THE INSPECTOR OF POLICE, ARUPPUKOTTAI TALUK POLICE STATION, VIRUDHUNAGAR DISTRICT.

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

+2 CC to M/s.V.VIJAYENDIRAN, Advocate ( SR-7498[I] dated 05/07/2024 ) ORDER IN CRL OP(MD) No.9622 of 2024 Date :05/07/2024 SA/SAR. /05.07.2024/4P/8C ED/SAR. /16.07.2024/4P/8C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023.

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