Kannan @ Kannaiya v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 26/07/2022 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN Kannaiya @ Kannan ... Petitioner/Sole Accused Vs The State Rep. By, The Inspector of Police, Palanichettipatti Police Station, Theni District.

Crime No.162/2022.

... Respondent/Complainant For Petitioner : MR.N.Ananthapadmanaban, Advocate for M/s. APN Law Associates, For Respondent : Mr.R.M.Anbunithi, Additional Public Prosecutor (Crl.Side) PETITION FOR BAIL Under Sec.439 of Cr.P.C.

PRAYER :- For Bail in Crime No.162 of 2022 on the file of the respondent police.

ORDER : The Court made the following order :- The petitioner/Accused herein, who was arrested on 11.05.2022 for the alleged offence under Sections 324, 506(ii), 302 IPC, in Crime No.162 of 2022, on the file of the respondent police, seeks bail.

2.This is the second bail petition. The earlier bail application filed by the petitioner was dismissed by this Court on 12.07.2022.

3.The learned counsel for the petitioner submitted that the petitioner was not available at the scene of occurrence. On coming to know about the registration of FIR, he voluntarily surrendered before the learned Judicial Magistrate No.I, Theni on 11.05.2022. The petitioner is working at Uchipuli.

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4.Perusal of CD records shows that the petitioner was also taken for custodial interrogation by the respondent and confession was also recorded from him. Further, the alleged weapon also recovered. From reading of confession statement of the petitioner, it shows that the petitioner suspected that the deceased only caused trouble between the petitioner and his wife. His wife separated from him. In that grudge, on the day of occurrence, the petitioner came to the place of deceased and indiscriminately assaulted her with arival, thereby caused death. From the nature of injuries, showing the vengeance of the petitioner.

5.However, considering his voluntary surrender before the concerned Court, his confession statement and also considering his period of incarceration, this Court is inclined to grant bail to the petitioner with stringent conditions.

6.Accordingly, this Criminal Original Petition is allowed and the petitioner is ordered to be released on bail, on executing a personal 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 learned Judicial Magistrate No.I, Theni, and on considering his avocation, the petitioner shall report before the Uchipuli Police Station daily at 10.30 a.m. until further orders and further he should not visit the place of occurrence, without the permission of this Court.

sd/- 26/07/2022 / TRUE COPY / /07/2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO

1. THE JUDICIAL MAGISTRATE NO.I, THENI.

2. DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, THENI DISTRICT.

3. THE INSPECTOR OF POLICE, PALANICHETTIPATTI POLICE STATION, THENI DISTRICT.

4. THE OFFICER-INCHARGE, DISTRICT JAIL, THENI.

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

COPY TO :

THE INSPECTOR OF POLICE UCHIPULI POLICE STATION, RAMANATHAPURAM DISTRICT.

+1 CC to M/s.APN LAW ASSOCIATES, Advocate ( SR-7665[I] dated 26/07/2022 )

ORDER

IN CRL OP(MD) No.13448 of 2022 Date :26/07/2022 PNM USK/JM/SAR-I/27.07.2022/3P/8C 3/3