Subramani @ Subramanian v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 08/08/2024 PRESENT The Hon`ble Mr.Justice D.BHARATHA CHAKRAVARTHY
1. Subramani @ Subramanian,
2. Petchiammal, ... Petitioners/Accused No.1 & 2 Vs The Inspector of Police, Alangulam Police Station, Virudhunagar District.
Crime No. 63/2024.
... Respondent/Complainant For Petitioner : M/s. Veerapandi Selvaraj.S, Advocate. For Respondent : Mr.R.M.Anbunithi, Additional Public Prosecutor PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- For Bail in Crime No. 63 of 2024 on the file of the Respondent Police. ORDER : The Court made the following order :- The petitioners/Accused, who were arrested and remanded to judicial custody on 12.06.2024 for the offences punishable under Section 302 IPC in crime No.63 of 2024 on the file of the respondent police, seeks bail. 1/4
2.The case of the prosecution is that deceased, who is the son of the petitioners, had tortured them continuously by demanding money for consuming alcohol, due to which, the petitioners killed their son. Hence, the complaint.
3. Heard the learned counsel for the petitioners and and the learned Additional Public Prosecutor appearing for the respondent Police. 4.Considering the fact that the petitioners are parents of the deceased, aged 21 years and considering the fact that the deceased used to consume alcohol and was behaving very badly and considering the fact that on the fateful day, enraged by his behaviour, the parents hit him with "Olakkai" and considering the fact that there are no bad antecedents as against the petitioners and considering the fact that they were arrested on 12/6/2024, I am inclined to enlarge the petitioners on bail. 6.Accordingly, this Criminal Original Petition is allowed and the petitioners are ordered to be released on bail, on executing a 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 No.II, Sattur. (i) the sureties shall affix their photographs and left thumb impression in the surety bond and the Magistrate/concerned court may obtain a copy of their Aadhar card or Bank Pass Book to ensure their identity; (ii)the petitioners shall appear before the respondent Police daily at 10.
for a period of three weeks and thereafter, as and when required for interrogation; (iii)the petitioners shall not tamper with evidence or witness; iv)the petitioners shall not abscond during trial. v)On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioners in accordance with law as if the conditions have been imposed and the petitioners 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]. vi)If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.
sd/- 08/08/2024 / TRUE COPY / 08 / 08 /2024 Sub-Assistant Registrar Madurai Bench of Madras High Court, Madurai - 625 023.
TRP TO 1 THE JUDICIAL MAGISTRATE NO.II, SATTUR.
3/4
2 DO-THROUGH :
THE CHIEF JUDICIAL MAGISTRATE, VIRUTHUNAGAR DISTRICT.
3 THE SUPERINTENDENT, CENTRAL PRISON FOR WOMEN, MADURAI.
4 THE INSPECTOR OF POLICE ALANGULAM POLICE STATION, VIRUDHUNAGAR DISTRICT.
5. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1 CC to M/s.S.VEERAPANDI SELVARAJ, Advocate ( SR-9646[I] dated 08/08/2024 )
ORDER
IN CRL OP(MD) No.12943 of 2024 Date :08/08/2024 PSP/ /SAR /08.08.2024/ 4P/ 7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4