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Madras High CourtCRL OP(MD)/9685/2024ordered

Kavikumar v. The Inspector Of Police

2024-07-03Honourable Mr Justice A.A.Nakkiran4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 03/07/2024 PRESENT The Hon`ble Mr.Justice A.A.NAKKIRAN Kavikumar, ... Petitioner/Accused No.1 Vs.

The Inspector of Police, Chinthamanipatty Police Station, Karur District, Crime No.165/2024 ... Respondent/Complainant For Petitioner : M/s.Karunanithi.M,Advocate.

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

PRAYER :- For Bail in Crime NO.165/2024 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.165 of 2024 for the offence under Sections 436 r/w. 511 I.P.C and remanded him into 1/4

judicial custody on 17.06.2024. Therefore, the petitioner has filed this petition seeking bail.

2. The case of the prosecution is that due to motive, when the defacto complainant and his wife were in their Pandian Stores, the petitioner along with other accused pelted kerosene filled up bottle in the shop and they flew away.

3. The learned counsel for the petitioner submits that the petitioner is an innocent person and she has not committed any offence as alleged by the prosecution. However, he is languishing in Jail from 17.06.2024.

4. The learned Additional Public Prosecutor appearing for the respondent opposes for grant of bail on the ground that the investigation is pending.

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 petitioner.

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 No.I, Kulithalai, Karur 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; 2/4

iii) The petitioner shall appear before the respondent police daily at 10.30 a.m. For a period of two weeks and thereafter, he shall appear as and when required for interrogation. 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. She 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/- 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 KULITHALAI,KARUR DISTRICT.

DO THROUGH:

THE CHIEF JUDICIAL MAGISTRATE, KARUR DISTRICT.

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THE INSPECTOR OF POLICE CHINTHAMANIPATTY POLICE STATION, KARUR DISTRICT, THE OFFICER INCHARGE SUB JAIL, KULITHALAI, KARUR DISTRICT.

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

+1. CC to MR. KARUNANITHI, Advocate SR.No.7395(I) dt: 04/07/2024

ORDER

IN CRL OP(MD) No.9685 of 2024 Date :03/07/2024 PKP/03.07.2024/ 4P/ 7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4