R.Panchavarnam v. The Inspector Of Police

CRL OP(MD). No.13773 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 29/07/2022 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN CRL OP(MD). No.13773 of 2022 R.Panchavarnam ... Petitioner/Accused No.2 Vs State Rep.by The Inspector of Police, Sivakasi Town Police Station, Virudhunagar District.

Cr.No.473/2021.

... Respondent/Complainant For Petitioner : M/s.Anantha Murugan.S.M, Advocate.

For Respondent : Mr.P.Kottaichamy Government Advocate (Crl.Side) PETITION FOR BAIL Under Sec.439 of Cr.P.C.

PRAYER :- For Bail in Crime No.473/2021 on the file of the respondent police.

ORDER : The Court made the following order :- The petitioner/Accused herein, who was arrested on 06.07.2022 for the alleged offence punishable under Sections 286, 337 IPC and Section 9(B)(1)(a) of the Indian Explosives Act, 1884 altered into Sections 286, 337, 304(ii) IPC r/w. Section 9(B)(1)(a) of the Indian Explosives Act, 1884 in Crime No.473 of 2021, on the file of the respondent police, seeks bail.

2.The petitioner is the wife of first accused. The allegation against the petitioner and other accused is that without obtaining the proper license they manufactured crackers in their house. There was a blast in the house, two persons died and two persons got injured. The husband of the petitioner / A1 promised to pay compensation to the victim. But, however, that was not complied. 3.The learned counsel for the petitioner submitted that the petitioner has paid Rs.2,50,000/- each to the victim of the deceased. He would further submit that in order to make arrangements for complying the condition to pay the compensation to the injured persons, the petitioner may be released on bail. He further submitted that A1 was already enlarged on bail before the trial Court and A4 was granted anticipatory bail by this Court in Crl.O.P (MD).No.19519 of 2021 on 09.12.2021.

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CRL OP(MD). No.13773 of 2022 4.The learned Additional Public Prosecutor submitted that the petitioner has not paid the compensation to the injured person as stated by them earlier and the investigation of the case is pending.

5.Considering the period of incarceration and the fact that the co-accused has already been granted bail and that the petitioner has to make arrangements to pay the compensation, 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 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, Sivakasi, Virudhunagar, and on further condition that the petitioner shall report before the respondent police daily at 10.30 a.m. until further orders. sd/- 29/07/2022 / TRUE COPY / 29/07/2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE NO.I, SIVAKASI, VIRUDHUNAGAR DISTRICT. 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, VIRUDHUNAGAR DISTRICT AT SRIVILLIPUTHUR.

3 THE SUPERINTENDENT, CENTRAL PRISON FOR WOMEN, MADURAI. 4 THE INSPECTOR OF POLICE, SIVAKASI TOWN POLICE STATION, VIRUDHUNAGAR DISTRICT.

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

+1 CC to M/s.S.M.ANANTHAMURUGAN, Advocate ( SR-7881[I] dated 29/07/2022 )

ORDER

IN CRL OP(MD) No.13773 of 2022 Date :29/07/2022 RS/VR/SAR.2 (29.07.2022) 2P-7C https://www.mhc.tn.gov.in/judis 2/2