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Madras High CourtCRL OP(MD)/14320/2023granted

Palani @ Palanikumar v. The Inspector Of Police

2023-08-04Honourable Mr Justice G.Ilangovan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 04/08/2023 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN Palani @ Palanikumar, ... Petitioner/Accused No.1 Vs The State rep.by, The Inspector of Police, Vembakottai Police Station, Crime No.168 of 2023..

... Respondent/Complainant For Petitioner : M/s.Jegadeesh Pandian M,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.168 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 05.07.2023 for the alleged offence under Sections 294(b) and Section 4 of TNPHW Act, 2002 altered into 294(b), 306 of IPC r/w Section 4 of TNPHW Act, 2002, in Crime No.168 of 2023, on the file of the respondent police, seeks bail. 1/4

2.The case of the prosecution is that the petitioner along with other accused instigated the deceased to commit suicide. Hence, the case. 3.Earlier bail application filed by the petitioner was dismissed on the ground that when abetment of suicide committed by money lender, if the petitioner is released on bail, the investigation process may be hampered. 4.The learned Additional Public Prosecutor would submit that investigation in this case is pending and they are waiting for Viscera Report. 5.The learned counsel for the petitioner submitted that the petitioner is ready to abide any condition imposed upon the petitioner and he will not hamper the investigation. He is also ready to stay away from the place of occurrence. 5.Considering the period of incarceration and considering the undertaking given by the counsel for the petitioner, this Court is inclined to grant bail to the petitioner with stringent conditions.

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6.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 Judicial Magistrate No.II, Sattur, Virudhunagar District and on further condition that the petitioner shall stay away from the occurrence place and report before the learned Judicial Magistrate No.I, Tiruchirappalli, daily at 10.30 a.m. until further orders.

sd/- 04/08/2023 / TRUE COPY / 04/08/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

tm TO

1. The Judicial Magistrate No.II, Sattur,

2. Do-Through The Chief Judicial Magistrate, Viruthunagar District @ Srivilliputhur.

3. The Judicial Magistrate No.I, Tiruchirappalli.

4. Do-Through The Chief Judicial Magistrate, Tiruchirapalli.

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5. The Officer In Charge, District Prison, Virudhunagar District.

6. The Inspector of Police, Vembakottai Police Station,

7. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1 CC to M/s.M.JEGADEESH PANDIAN, Advocate ( SR-11825[I] dated 04/08/2023 )

ORDER

IN CRL OP(MD) No.14320 of 2023 Date :04/08/2023 RK (04/08/2023) 4P / 9C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4