Muthukumar @ Kokkikumar v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 27/08/2024 PRESENT The Hon`ble Mr.Justice D.BHARATHA CHAKRAVARTHY

1. Muthukumar @ Kokkikumar,

2. Kannan,

3. Satheesh Kumar,

4. Ramkrishnan, ... Petitioners/Accused No.1 to 4 Vs The Inspector of Police, Krishnan Kovil Police Station, Virudhunagar District,.

Crime No.111/2024..

...Respondent/Complainant

For Petitioner : M/s.Sankara Pandian.J, Advocate.

For Respondent : Mr.R.M.Anbunithi, Additional Public Prosecutor PETITION FOR BAIL Under Sec.483 of B.N.S.S. U/s 439 of Cr.P.C. 1/5

PRAYER :- C-6B For Bail in Crime No.111/2024 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 18.06.2024 for the offences punishable under Section 302 IPC @ 212 and 302 IPC in Crime No. 111 of 2024, on the file of the respondent police, seeks bail. 2.The case of the prosecution is that the petitioners herein colluded with other accused, murdered the deceased, who is the son of the de facto complainant. 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 nature of allegations in this case that on account of the enmity, because the deceased ill treated his wife, all these petitioners joined together and attacked the deceased and considering the fact that the 1st and 2nd petitioners do 2/5

not have any bad antecedents and the 3rd petitioner is having one previous case under Section 506(2) IPC and the 4th petitioner is having two previous cases and considering the fact that the petitioners are in jail from 18/6/2024 and considering the fact that the investigation is almost over, I am inclined to enlarge the petitioners on bail.

5.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, Srivilliputur. (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 10.30 am for a period of three weeks and thereafter, as and when required for interrogation; (iii)the petitioners shall not tamper with evidence or witness; 3/5

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/- 27/08/2024 / TRUE COPY / 27/08/2024 Sub-Assistant Registrar ( CS-II) Madurai Bench of Madras High Court, Madurai - 625 023.

TRP TO

1. The Judicial Magistrate No.II, Srivilliputur.

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

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3. The Superintendent, Central Prison, Trichy.

4. The Inspector of Police, Krishnan Kovil Police Station, Virudhunagar District,.

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

ORDER

IN CRL OP(MD) No.13990 of 2024 Date :27/08/2024 RK (27/08/2024) 5P / 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5