Kalimuthu v. Home, Prohibition And Excise Department

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 03/07/2024 PRESENT The Hon`ble Mr.Justice A.A.NAKKIRAN

1. Kalimuthu,

2. Balamurugan, ... Petitioners/Accused Nos. 1 & 2 Vs The State Represented through The Inspector, Thoothukudi South Police Station, Thoothukudi District.

Cr.No.186/2024.

... Respondent/Complainant For Petitioner : M/s.Samy.K.K.,Advocate.

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

PRAYER :- For Bail in Cr.No.186/2024 on the file of the respondent police. ORDER : The Court made the following order :- The respondent police registered a case as against the petitioners in Crime No.186 of 2024 for the offence under Sections 341, 294(b), 302 and 506(ii) IPC, and 1/4

remanded them into judicial custody on 05.05.2024. Therefore, the petitioners have filed this petition seeking bail.

2. The case of the prosecution is that the petitioners have waylaid the deceased, abused her in filthy language and also attacked the deceased with sword and knife and caused death of the deceased. Hence the case.

3. The learned counsel for the petitioners submits that the petitioners have not committed any offence as alleged by the prosecution. However, they have been arrested and they are languishing in jail from 05.05.2024. Therefore, he prays for grant of bail.

4. The learned Additional Public Prosecutor appearing for the respondent submits that the investigation is pending and he raised strong objection.

5. Considering the facts and circumstances of the case and also considering the period of incarceration, this Court is inclined to grant bail to the petitioners with certain conditions .

6. Accordingly, this Criminal Original Petition is ordered and the petitioners are ordered to be released on bail:

i) on the petitioners executing 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 No.I, Thoothukudi. 2/4

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 appear before the respondent Police, daily at 10.30 a.m. until further orders. They have to co-operate for the investigation. 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. He shall be available for the trial as well.

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/- 03/07/2024 / TRUE COPY / 03/07/2024 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

LS TO THE JUDICIAL MAGISTRATE NO.I THOOTHUKUDI.

DO THROUGH:

THE CHIEF JUDICIAL MAGISTRATE, THOOTHUKUDI DISTRICT.

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THE INSPECTOR, THOOTHUKUDI SOUTH POLICE STATION, THOOTHUKUDI DISTRICT.

THE SUPERINTENDENT CENTRAL PRISON, PALAYAMKOTTAI.

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

ORDER

IN CRL OP(MD) No.9706 of 2024 Date :03/07/2024 PKP/03.07.2024/ 4P/ 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4