Prasanth v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 19/07/2024 PRESENT The Hon`ble Mr.Justice B.PUGALENDHI Prasanth ... Petitioner/Accused No.6 Vs The Inspector of Police, Ariyamangalam Police Station, Trichy City.
Crime No. 350/2024.
... Respondent/Complainant For Petitioner : Mr.K. M.Karunakaran, 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. 350 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.350 of 2024 for the offence under Sections 147, 302 of IPC @ 120(B), 147, 148 and 1/5
302 of IPC, and remanded him into judicial custody on 03.05.2024. Therefore, the petitioner has filed this petition seeking bail.
2. The case of the prosecution is that due to previous motive, on 30.04.2024, the accused have assaulted the defacto complainant's son and killed him. Hence the case.
3.When the earlier application was taken up for hearing, considering the stage of the investigation, that petition was dismissed. 4.Today, the learned counsel for the petitioner submits that the investigation is almost completed and there is no specific overt act as against the petitioner. However, the petitioner is languishing in jail from 03.05.2024. Therefore, he prays for grant of bail.
5. The learned Additional Public Prosecutor appearing for the respondent submits that in this case, investigation is completed, final report has been filed before the learned Judicial Magistrate No.VI, Trichy and the same is also taken on file in P.R.C.No.57 of 2024.
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6. Considering the facts and circumstances of the case, the period of incarceration and also considering that there is no specific overt act as against the petitioner, this Court is inclined to grant bail to the petitioner.
7. 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.VI, Trichy 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 appear before the respondent Police, 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.
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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/- 19/07/2024 / TRUE COPY / 22/07/2024 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.
LR TO THE JUDICIAL MAGISTRATE NO.VI, TRICHY.
DO-THROUGH :
THE CHIEF JUDICIAL MAGISTRATE, TRICHY DISTRICT. THE SUPERINTENDENT, CENTRAL PRISON, TRICHY.
THE INSPECTOR OF POLICE ARIYAMANGALAM POLICE STATION, TRICHY CITY.
THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1 CC to M/s.K.M.KARUNAKARAN, Advocate ( SR-8172[I] dated 19/07/2024 ) 4/5
ORDER
IN CRL OP(MD) No.10829 of 2024 Date :19/07/2024 SS/SAR- /22/07/2024/5P/7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5