Selliraja 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 Selliraja ... Petitioner/Accused No.1
Versus
The Inspector of Police, Thalamuthunagar Police Station, Thoothukudi District.
(Cr.No.88 of 2024) ... Respondent/Complainant For Petitioner : Mr.C.Jeganathan, 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.88 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.88 1/4
of 2024 for the offence under Sections 341, 294(b), 302 and 506(ii) of IPC, and remanded him into judicial custody on 21.04.2024. Therefore, the petitioner has filed this petition seeking bail.
2. The case of the prosecution is that due to previous enmity between the petitioner and the son of the defacto complainant, the petitioner along with other accused have assaulted the defacto complainant's son with an iron rod and caused injury, thereby, he 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 21.04.2024. Therefore, he prays for grant of bail.
4. The learned Additional Public Prosecutor appearing for the respondent submitted that the investigation is yet to be completed.
5. Considering the period of incarceration and also considering the age of the petitioner, this Court is inclined to grant bail to the petitioner.
6. Accordingly, this Criminal Original Petitions 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 2/4
learned Judicial Magistrate No.II, Thoothukudi. 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 stay at Karur and appear before the Inspector of police, Karur Town Police Station, Karur, 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 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.
JBR TO THE JUDICIAL MAGISTRATE NO.II THOOTHUKUDI 3/4
DO THROUGH:
THE CHIEF JUDICIAL MAGISTRATE THOOTHUKUDI DISTRICT.
THE INSPECTOR OF POLICE THALAMUTHUNAGAR POLICE STATION, THOOTHUKUDI,THOOTHUKUDI DISTRICT, THE SUPERINTENDENT CENTRAL PRISON, THOOTHUKUDI.
THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
COPY TO THE INSPECTER OF POLICE KARUR TOWN POLICE STATION, KARUR.
+1 CC to M/s.C.JEGANATHAN, Advocate ( SR-7097[I] dated 28/06/2024 )
ORDER
IN CRL OP(MD) No.9563 of 2024 Date :28/06/2024 PKP/28.06.2024/ 4P/ 8C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4