Madras High CourtCRL OP(MD)/12614/2023granted

Tamilselvi v. The Inspector Of Police

2023-07-12Honourable Mr Justice G.Ilangovan2 pages

CRL OP(MD). No.12614 of 2023 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 12/07/2023 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN CRL OP(MD). No.12614 of 2023

1. Tamilselvi

2. Jeyaprakash ... Petitioners/Accused 2 & 3 Vs The State rep.by The Inspector of Police, Palanichettipatti Police Station, Theni District.

in Crime No.219/2023 ... Respondent/Complainant For Petitioners : Mr. SUSI KUMAR.C., Advocate For Respondent : Mr.B.NAMBISELVAN, Additional Public Prosecutor PETITION FOR BAIL Under Sec.439 of Cr.P.C.

PRAYER :- For Bail in Crime No.219/2023 on the file of the respondent police.

ORDER : The Court made the following order :- The petitioners/Accused herein, who were arrested on 16.05.2023 for the alleged offence under Sections 324, 506(ii), 302 IPC @ 341, 109, 324, 506(ii), 302 IPC, in Crime No.219 of 2023, on the file of the respondent police, seek bail. 2.The case of the prosecution is that due to previous enmity on 16.03.2023, the accused persons came to the house of the defacto complainant, quarrelled with them. Subsequently, on 14.05.2023, the son of the defacto complainant was murdered. Hence, the complaint. On investigation, it was revealed that the accused persons had committed murder of the son of the defacto complainant. 3.The learned counsel for the petitioners would submit that the petitioners are innocents, they were falsely roped into the case, based on the previous enmity. They are in custody from 16.05.2023. Hence, prays to release them on bail. https://www.mhc.tn.gov.in/judis 1/2

CRL OP(MD). No.12614 of 2023 4.The learned Additional Public Prosecutor appearing for the respondent would submit that the accused persons had murdered the son of the defacto complainant. The petitioners were implicated in the case, based on the confession of A1. Hence, prays to dismiss the petition.

5.On that ground the learned Additional Public Prosecutor was directed by this Court to verify the same. Now, it is submitted that no such implication of the petitioners in the confession statement of A1. Reading of the confession statement of the first accused also does not indicate the involvement of the petitioners. 6.Considering the above facts and considering the period of incarceration undergone by the petitioners, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions.

7.Accordingly, this Criminal Original Petition is allowed and the petitioners are ordered to be released on bail, on executing a personal bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) each with two sureties each for a like sum to the satisfaction of the learned Judicial Magistrate, Theni, and on further condition that the petitioners shall report before the respondent police daily at 10.30 a.m. until further orders.

sd/- 12/07/2023 / TRUE COPY / 12/07/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

PNM TO 1 THE JUDICIAL MAGISTRATE, THENI.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, THENI DISTRICT. 3 THE OFFICER INCHARGE, SUB JAIL, NILAKOTTAI. 4 THE OFFICER INCHARGE, DISTRICT JAIL, THEKKAMPATTI, THENI. 5 THE INSPECTOR OF POLICE, PALANICHETTIPATTI POLICE STATION, THENI DISTRICT. 6 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S. SUSI KUMAR.C Advocate SR.No.10583 ORDER IN CRL OP(MD) No.12614 of 2023 Date :12/07/2023 SA/VR/SAR. /12.07.2023/2P/8C https://www.mhc.tn.gov.in/judis 2/2