S.Gurusamy Pandi v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 07/08/2024 PRESENT THE HON`BLE MR.JUSTICE B.PUGALENDHI S.Gurusamy Pandi ... Petitioner/Accused No.2 Vs The Inspector of Police, Sattur Taluk Police Station, Virudhunagar District.

Cr No.98/2024.

... Respondent/Complainant For Petitioner :

Mr.D.S.Haroon Rasheed, Advocate for Mr.R.Ragu, Advocate.

For Respondent :

No appearance PETITION FOR BAIL UNDER SEC 483 of BNSS PRAYER :- For Bail in Cr No.98/2024 on the file of the respondent Police. ORDER : The Court made the following order :- The petitioner, who was arrested on 29.06.2024 for the alleged offence under Sections 286, 337, 304(2) of IPC and 9(B), (1)(a) of the Indian Explosives Act, 1884 in Crime No.98 of 2024 on the file of the respondent police, seeks bail. 2.The case of the prosecution is that since safety measures as prescribed under the Labour Act have not been provided to the Labours of a Fire Works Factory, an accident has taken place, in which, four persons died. The petitioner is the Supervisor and also the son of the Factory owner. Hence, the case. 3.The earlier application filed by the petitioner was dismissed by this Court on 1/4

10.07.2024 considering the nature of allegations. 4.The learned counsel for the petitioner by relying upon the order, granting bail to the petitioner's father, who is the owner of the Factory submits that already compensation of Rs.5,50,000/- each has been provided to the family members of the victims and therefore, the petitioner, who is the son of the factory owner may be released on bail.

5.This Court is not inclined to accept the contention made by the petitioner's counsel.

6.There is no representation for the respondent police.

7. The learned counsel for the petitioner after arguing for a while, has come forward to pay a sum of Rs.1,00,000/- each to the families of the victims as compensation.

8. Considering the inclination of the petitioner that he is prepared to pay a sum of Rs.1,00,000/- each to the families of the victim, this Court is inclined to grant bail to the petitioner.

9.Accordingly, this Criminal Original Petition is ordered and the petitioner is ordered to be released on bail on the following conditions:- i) The petitioner shall execute a bond for a sum of Rs.25,000/-(Rupees Twenty Five Thousand) with two sureties each for a like sum to the satisfaction of the 2/4

learned Judicial Magistrate No.II, Sattur.

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 shall report before the respondent police as and when required.

iv) The petitioner is directed to deposit a sum of Rs.4,00,000/- (Rupees Four Lakhs) as undertaken by him, before the Judicial Magistrate Court No.II, Sattur to the credit of Crime No.98 of 2024 forthwith and the learned Judicial Magistrate No.II, Sattur is directed to disburse a sum of Rs.1,00,000/- each to the four families of the victims in Crime No.98 of 2024, after ascertaining their legal heirship. v) The petitioner shall not misuse the liberty granted to him by indulging in any further offence and shall not tamper with the prosecution witnesses. The petitioner shall be available for the trial as well.

vi) On violation of any of the above conditions by the petitioner, the respondent police shall move an application for cancellation of the bail. sd/- 07/08/2024 / TRUE COPY / 07/08/2024 Sub-Assistant Registrar Madurai Bench of Madras High Court, Madurai - 625 023.

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TO 1 THE JUDICIAL MAGISTRATE NO.II, SATTUR.

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

3 THE OFFICER INCHARGE, DISTRICT PRISON, VIRUDHUNAGAR. 4 THE INSPECTOR OF POLICE, SATTUR TALUK POLICE STATION, VIRUDHUNAGAR DISTRICT.

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

+1 CC to M/s.R.RAGU, Advocate ( SR-9584[I] dated 07/08/2024 )

ORDER

IN CRL OP(MD) No.11526 of 2024 Date :07/08/2024 RS//SAR-(07.08.2024) 4P 7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4