D.Devendran v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 21.07.2023 PRESENT The Hon`ble Mr.Justice P.DHANABAL D.Devendran ... Petitioner/Accused 11 Vs The State rep by The Inspector of Police, CBCID, Sivagangai, Sivagangai District.

Crime No.01 of 2023) ... Respondent/Complainant For Petitioner : Mr.M.SOLAISAMY, 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.01 of 2023 on the file of the Respondent Police. ORDER : The Court made the following order :- The petitioner/A11, who was arrested and remanded to judicial custody on 02.06.2023 for the offence under sections 211, 384 & 389 IPC @ 211, 384, 389 IPC in Crime No.01 of 2023 on the file of the respondent police seeks bail. 1/4

2.The learned counsel appearing for the petitioner would contend that the respondent police registered a case against the petitioner in Cr.No.1 of 2023 for the offences punishable under sections 211, 384 & 389 IPC @ 211, 384, 389 IPC. The alleged occurrence took place from 01.06.2021 to 25.01.2022. The petitioner was arrested on 02.06.2023. He has not committed any offence as alleged in FIR. He is in custody for more than 50 days and already the co-accused were released on bail and some of the accused released on anticipatory bail. Hence, he prayed bail for the petitioner.

3.The learned Additional Public Prosecutor appearing for the respondent police would contend that investigation in this case is at initial stage and offences are grave in nature. There is specific overt act as against the petitioner and there is suicide note is available. If the petitioner released on bail, it will affect the investigation and thereby, he strongly opposed to grant bail to the petitioner. 4.Heard both sides and perused the materials available on record including the First Information Report.

5.Considering the submissions of either side and considering the fact that already the co-accused were released on bail and some of the accused released on 2/4

anticipatory bail and also considering the period of incarceration, this court is inclined to grant bail to the petitioner subject to the following conditions: [a] Accordingly, the petitioner is ordered to be released on bail on condition to execute 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.II, Sivagangai and on further conditions that:

[b] the petitioner shall report before respondent police daily at 10.00 A.M., until further orders.

[c] the petitioner shall not commit any offences of similar nature. [d] the petitioner shall not abscond either during investigation or trial. [e] the petitioner shall not tamper with evidence or witness either during investigation or trial.

[f] On breach of any of the aforesaid conditions, the learned Judicial 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]. 3/4

[g] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.

sd/- 21/07/2023 / TRUE COPY / 21/07/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

GNS TO 1 THE JUDICIAL MAGISTRATE NO.II, SIVAGANGAI.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, SIVAGANGAI DISTRICT.

3 THE SUPERINTENDENT, CENTRAL PRISON, MADURAI.

4 THE INSPECTOR OF POLICE, CBCID, SIVAGANGAI, SIVAGANGAI DISTRICT.

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

+1. CC to M/S.SOLAISAMY M Advocate SR.No.11044 ORDER IN CRL OP(MD) No.12028 of 2023 Date :21/07/2023 SA/VR/SAR. /21.07.2023/4P/7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023. 4/4