Devadoss Manidurai @ Doss v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 05/07/2024 PRESENT The Hon`ble Mr.Justice A.A.NAKKIRAN Devadoss Manidurai @ Doss ... Petitioner/Sole Accused Vs The Inspector of Police, Munnerpallam Police Station, Munneerpallam, Tirunelveli District.

(Crime No.412/2023.) ... Respondent/Complainant For Petitioner :

Mr.N.Pragalathan, Advocate.

For Respondent :

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

PRAYER :- For Bail in Crime No. 412/2023 on the file of the Respondent Police. ORDER : The Court made the following order :- The petitioner/Accused, who was arrested and remanded to judicial custody on 31.10.2023 for the offences punishable under Sections 294(b), 307, 506 (ii) I.P.C @ 294(b) 302 and 506(ii) I.P.C, in crime No.412 of 2023 on the file of the respondent 1/4

police, seeks bail.

2.The case of the prosecution is that due to previous motive, the petitioner abused the abused the deceased in filthy language and also assaulted him with Aruval, due to which, he died.

3.The learned counsel for the petitioner would submit that the petitioner is innocent and he has been falsely implicated in this case. He would further submit that the petitioner is in judicial custody from 31.10.2023, hence he may be released on bail.

4.The learned Additional Public Prosecutor would submit that the investigation completed and final report filed and the same was taken on file as S.C.No.95 of 2024 on the file of the III Additional District and Sessions Court, Tirunelveli. Out of 24 witnesses, 7 witnesses were examined. Hence, he strongly opposed to grant bail.

5.Considering the facts and circumstances of the case and the petitioner is in judicial custody from 31.10.2023, this Court is inclined to grant bail to the petitioner on certain conditions.

6.Accordingly, this Criminal Original Petition is allowed and the petitioner is ordered to be released on bail, on executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties each for a like sum to the satisfaction of the 2/4

learned III Additional District and Sessions Court, Tirunelveli; (i)the sureties shall affix their photographs and left thumb impression in the surety bond and the Magistrate/concerned court may obtain a copy of their Aadhar card or Bank Pass Book to ensure their identity; (ii)the petitioner shall report before the trial Court on every hearing without fail; He has to co-operate for trial;

(iii)the petitioner shall not tamper with evidence or witness; iv)the petitioner shall not abscond during trial. v)On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioner in accordance with law as if the conditions have been imposed and the petitioner released on bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560]. sd/- 05/07/2024 / TRUE COPY / 05/07/2024 Sub-Assistant Registrar (C.S.I /II /III /IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

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To 1.The III Additional District and Sessions Judge, Tirunelveli.

2.The Inspector of Police, Munneerpallam Police Station, Munneerpallam, Tirunelveli District.

3.The Superintendent, Central Prison, Palayamkottai, Tirunelveli District.

4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1 CC to M/s.N.PRAGALATHAN, Advocate ( SR-7497[I] dated 05/07/2024 )

ORDER

IN CRL OP(MD) No.9894 of 2024 Date :05/07/2024 ED/ /SAR- (05/07/2024) 4P / 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4