Madras High CourtCRL OP(MD)/10584/2024ordered

Vairajothi v. The Inspector Of Police

2024-07-19Honourable Mr Justice B.Pugalendhi4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 19/07/2024 PRESENT The Hon`ble Mr.Justice B.PUGALENDHI Vairajothi ... Petitioner/4th Accused Vs The Inspector of Police, Kariapatti Police Station, Virudhunagar City.

Crime No. 121/2024.

... Respondent/Complainant For Petitioner : Mr.R.Pon Karthikeyan, 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. 121 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.121 of 2024 for the offence under Sections 294(b), 341, 342, 302, 109 and 120(B) IPC, and remanded him into judicial custody on 15.05.2024. Therefore, the petitioner has filed this petition seeking bail.

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2. The case of the prosecution is that due to illegal affair between the petitioner and the deceased, the first accused and others have killed the deceased/Ramanathan. 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 15.05.2024. Therefore, he prays for grant of bail.

5. The learned Additional Public Prosecutor appearing for the respondent submits that substantial portion of investigation is completed and the respondent police is awaiting for the chemical analysis report.

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 2/4

to the satisfaction of the learned Judicial Magistrate No.II, Virudhunagar.

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. She has to co-operate for the investigation.

iv) The petitioner shall not misuse the liberty granted to her 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/- 19/07/2024 / TRUE COPY / 19/07/2024 Sub-Assistant Registrar (A.D.II) Madurai Bench of Madras High Court, Madurai - 625 023.

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LS TO

1. THE JUDICIAL MAGISTRATE NO.II, VIRUDHUNAGAR DISTRICT.

2.DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, VIRUDHUNAGAR DISTRICT AT SRIVILLIPUTHUR.

3. THE SUPERINTENDENT, CENTRAL PRISON FOR WOMEN, MADURAI DISTRICT.

4. THE INSPECTOR OF POLICE, KARIAPATTI POLICE STATION, VIRUDHUNAGAR CITY.

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

+1 CC to M/s.R.PON KARTHIKEYAN, Advocate ( SR-8128[I] dated 19/07/2024 ) ORDER IN Date :19/07/2024 SA/SAR. /19.07.2024/4P/7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023. 4/4