V.Irulakumar 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 V.Irulakumar, ... Petitioner/Sole Accused Vs The State rep.by, The Inspector of Police, Mudukulathur Police Station, Ramanathapuram District.
Crime No.115 of 2023..
... Respondent/Complainant For Petitioner : M/s.Thirumurugan T, 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.115 of 2023 on the file of the Respondent Police. ORDER : The Court made the following order :- The petitioner/Accused herein, who was arrested on 14.06.2023 for the alleged offence under Sections 294(b), 324, 307, 506(ii) and 302 of IPC, in Crime No.115 of 2023, on the file of the respondent police, seeks bail. 1/5
2.The case of the prosecution is that the defacto complainant's daughter-in-law, namely, Tamilselvi developed illegal intimacy with this petitioner and the same was questioned by the defacto complainant's son, who is the husband of the said Tamilsevli. The relationship was continued some time. During that relevant time, the defacto complainant's son was working in Dubai and he returned to Tamilnadu and after coming Tamilnadu, he came to know about the intimacy. Thereafter, the defacto complainant's son warning both of them. On 13.06.2023 at about 8.30 P.M, again trouble arose between the deceased and this petitioner, at that time, the petitioner attacked the defacto complainant's son/deceased with wooden log, over which, he sustained serious injuries. Thereafter, he admitted in the hospital and later, he died.
Initially, the case was registered under Section 294(b), 324, 307 and 506(ii) of IPC and thereafter, altered into under Section 302 of IPC. Hence, the complaint. 3.The learned counsel for the petitioner submitted that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution. He further submitted that the petitioner is in custody from 14.06.2023. Hence, prays for bail.
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4.The learned Additional Public Prosecutor (Crl.Side) submitted that the petitioner attacked the deceased with wooden log and caused serious injuries to him. Thereafter, he admitted in the hospital and he died. He further submitted that the investigation is not yet over.
5. On 13.06.2023, a sudden quarrel arose between the petitioner and the deceased, out of the sudden quarrel only, the petitioner attacked the deceased with wooden log and caused injuries to him. Thereafter, he admitted in the hospital and later, he died.
6 .Considering the facts and circumstances of the case, that the petitioner had no intention to kill, the major part of the investigation is almost over and also considering the period of incarceration undergone by the petitioner, this Court is inclined to grant bail to the petitioner with stringent conditions. 7.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 3/5
of the learned Judicial Magistrate, Mudukulathur, and on further condition that the petitioner shall report before the respondent police 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, MUDUKULATHUR.
2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, RAMANATHAPURAM.
3.THE OFFICER IN CHARGE, DISTRICT JAIL, RAMANATHAPURAM.
4 THE INSPECTOR OF POLICE, MUDUKULATHUR POLICE STATION, RAMANATHAPURAM DISTRICT.
5 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT , MADURAI.
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+1 CC TO M/S.T.THIRUMURUGAN, Advocate SR-11923
ORDER
IN CRL OP(MD) No.14277 of 2023 Date :04/08/2023 RK (04/08/2023) 5P /7 C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5