Alagarsamy v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 04/08/2023 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN
1. Alagarsamy 2.Chinnakalai 3.Satheeshkumar 4.Murugan ... Petitioner/Accused No.1 to 4 Vs State Rep.by The Inspector of Police, Sanarpatti Police Station, Dindigul District.
Crime No.149 of 2023.
... Respondent/Complainant For Petitioners : M/s.M.Vivek Bharathi, 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.149 of 2023 on the file of the Respondent Police. 1/4
ORDER : The Court made the following order :- The petitioners/A1 to A4, who were arrested on 17.05.2023 for the alleged offence under Sections 174 Cr.P.C (Suspicious death) @ 147, 120(B), 302, 201, 34 IPC, in Crime No.149 of 2023 on the file of the respondent Police, seeks bail.
2. The prosecution case is that the defacto complainant is the wife of deceased Kannan. There is motive with regard to the money dispute between the husband of the defacto complainant and one Ilango. On 14.05.2023, the defacto complainant found that her husband Kannan's dead body was hanged in a tree and his dresses were strained with blood. Hence, the complaint. On investigation it was found that the accused persons had committed murder of the deceased and hanged him in a tree, to show as if he had committed suicide.
3. The learned counsel for the petitioners submitted that the petitioners are innocent persons and they have been falsely implicated in this case and they have not committed any offence as alleged by the prosecution. He further submitted that this Court has granted bail to the co-accused and also submitted that the petitioners are in custody from 17.05.2023. Hence, prays for bail.
4. The learned Additional Public Prosecutor (Crl.Side) appearing for the respondent police submitted that no previous case is pending against these petitioners and the investigation is almost over. 2/4
5. Considering the facts and circumstances of the case, the major part of the investigation is almost over and also considering the period of incarceration undergone by the petitioners, this Court is inclined to grant bail to the petitioners with stringent conditions.
6. 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 No.III, Dindigul, and on further condition that the petitioners are shall stay at Trichy and report before the Judicial Magistrate No.I, Trichy 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.
TTA TO 1 THE JUDICIAL MAGISTRATE NO.III, DINDIGUL. 2 DO-THROUGH : THE CHIEF JUDICIAL MAGISTRATE, DINDIGUL DISTRICT. 3 THE SUPERINTENDENT, CENTRAL PRISON, MADURAI. 3/4
4 THE INSPECTOR OF POLICE, SANARPATTI POLICE STATION, DINDIGUL DISTRICT.
5 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
COPY TO 1 THE JUDICIAL MAGISTRATE NO.I, TRICHY.
2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, TRICHY DISTRICT. +2 CC to M/s.M.VIVEK BHARATHI, Advocate ( SR-11823[I] dated 04/08/2023 )
ORDER
IN CRL OP(MD) No.14278 of 2023 Date :04/08/2023 RS//SAR-(04.08.2023) 4P 10C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4