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Madras High CourtCRL OP(MD)/13478/2023granted

Gopal @ Gopalakrishnan v. The Inspector Of Police

2023-07-26Honourable Mr Justice G.Ilangovan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 26/07/2023 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN Gopal @ Gopalakrishnan ... Petitioner/Accused No.1 Vs State represented by The Inspector of Police, Alangudi Police Station, Pudukottai District.

Crime No.199 of 2023.

... Respondent/Complainant For Petitioner :

M/s.A.Banumathy, 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.199 of 2023 on the file of the Respondent Police. ORDER : The Court made the following order :- The petitioner/Accused No.1 herein, who was arrested on 10.07.2023 for the alleged offence under Sections 174 of Cr.P.C., altered into Section 306 of IPC in Crime No.199 of 2023, on the file of the respondent police, seeks bail. 2.The case of the prosecution is that on 06.07.2023, there was a temple festival in Koolaiyankaadu. In the night there was a music event. One Yuvaraj who is the deceased, attended the said music event and also standing in that area. That was 1/3

seen by one Dinesh Babu. He questioned the Yuvaraj about his availability in the place along with a girl who belongs to the village. There was a altercation between the said deceased Yuvaraj and Dinesh Babu and on a phone call, this petitioner went to the place and again there was a trouble arose between them and as a result of which both have assaulted each other and this petitioner also sustained injuries. At the intervention of the elders in the village, a compromise has arisen between them on 07.07.2023 in the police station and C.S.R. which was registered in this regard, was also closed. Because of the humiliation, the said Yuvaraj has committed suicide. The petitioner was arrested and remanded to judicial custody. Seeking bail, this criminal original petition has been filed.

3.Considering the fact that earlier, compromise has arrived by the elders of the village between the parties and how the said suicide is attributed to the act of the petitioner, is a matter for consideration by the investigation. Considering the period of incarceration, this Court is inclined to grant relief to the petitioner. 4.Accordingly, this Criminal Original Petition is allowed and the petitioner is ordered to be released on bail, on executing a personal 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 District Munsif cum Judicial Magistrate, Alangudi, Pudukkottai District, and on further condition that the petitioner shall report before the 2/3

respondent police daily at 10.30 a.m. until further orders. sd/- 26/07/2023 / TRUE COPY / 26/07/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

pnn To 1 THE DISTRICT MUNSIF CUM JUDICIAL MAGISTRATE, ALANGUDI, PUDUKKOTTAI DISTRICT.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, PUDUKKOTTAI DISTRICT.

3 THE INSPECTOR OF POLICE, ALANGUDI POLICE STATION, PUDUKKOTTAI DISTRICT.

4 THE OFFICER INCHARGE, DISTRICT PRISON, PUDUKKOTTAI. 5 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1 CC to M/s.A.BANUMATHY, Advocate ( SR-11295[I] dated 26/07/2023 ) ORDER IN CRL OP(MD) No.13478 of 2023 Date :26/07/2023 RS//SAR-(26.07.2023) 3P 7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 3/3