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Madras High CourtCRL OP(MD)/14239/2023granted

Dineshkumar 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

1. Dineshkumar,

2. Kubenthiran,

3. Sugumar ... Petitioners/Accused No.2,3 & Rank Not Known Vs State Rep.by The Inspector of Police, Alangudi Police Station, Pudukkottai District.

(Crime No.199 of 2023).

... Respondent/Complainant For Petitioners :

M/s.A.Banumathy, Advocate.

For Respondent :

Mr.B.Nambiselvan, Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Atnicipatory Bail in Crime No.199 of 2023 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioners/Accused, apprehending arrest at the hands of the respondent police for the alleged offence punishable under Sections 174 Cr.P.C. @ 306 of IPC, in 1/4

Crime No.199 of 2023, on the file of the respondent police, seek anticipatory bail.

2. The case of the prosecution is that on 06.07.2023, there was 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 seen by one Dinesh Babu. He questioned Yuvaraj about his presence in the place along with a girl who belongs to his village. There was altercation between the said deceased Yuvaraj and Dinesh Babu and on a phone call, this petitioner went to the place and again there a trouble arose between them and as a result of which both have assaulted each other. This petitioner also sustained injuries. At the intervention of the elders in the Village, compromise reacted between them on 07.07.2023 in the police station C.S.R. Which was registered in this regard, was also closed. Because of the humiliation, the said Yuvaraj has committed suicide. Hence, the complaint.

3. The learned counsel for the petitioners submitted that the petitioners are innocent and they have been falsely implicated in this case.

4. While considering the bail application of the first accused, the following observation has been made by this Court.

"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. 2/4

Considering the period of incarceration, this Court is inclined grant relief to the petitioner."

5.The learned Government Advocate (Crl. Side) would submit that this petitioners are involved in earlier occurrence, which was compromised themselves. Whether the suicide was committed by the deceased at the instigation of the accused persons, is a matter of investigation. These petitioners are similarly placed persons. Therefore, this Court is inclined to grant anticipatory bail to the petitioners on condition that the petitioners must appear before the respondent police and cooperate with them to complete the enquiry.

6. Accordingly, this Criminal Original Petition is allowed and the petitioners are ordered to be released on bail in the event of arrest or on their appearance, before the learned District Munsif cum Judicial Magistrate, Alangudi, Pudukkottai District, on condition that the petitioners shall execute 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 Magistrate concerned and the petitioners shall appear before the respondent police daily at 10.30 a.m. until further orders and co-operate with them to complete the eqnuiry. The petitioners shall comply with the condition stipulated under Section 438 Cr.P.C. scrupulously.

7. The petitioners shall appear before the concerned Magistrate within a period 3/4

of 15 days from the date on which the order copy made ready, failing which, the petition for anticipatory bail stands dismissed. sd/- 04/08/2023 / TRUE COPY / /08/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TM TO 1 THE DISTRICT MUNSIF CUM JUDICIAL MAGISTRATE, ALANGUDI, PUDUKKOTTAI DISTRICT.

2 DO-THROUGH : THE CHIEF JUDICIAL MAGISTRATE, PUDUKOTTAI DISTRICT.

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

4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER IN CRL OP(MD) No.14239 of 2023 Date :04/08/2023 RS/VRS/SAR-(25.08.2023) 4P 5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4