Santhanakumar v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 25/09/2023 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN Santhanakumar, ... Petitioner/Accused No.4 Vs State Rep.by The Inspector of Police, Gandamanur Police Station, Theni District.

Crime No. 198 of 2022.

... Respondent/Complainant For Petitioner : M/s.Karunanidhi.R, 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. 198 of 2022 on the file of the respondent police. ORDER : The Court made the following order :- The petitioner/Accused No.4 herein, who was arrested on 05.07.2023 for offences punishable under Section Man missing @ 302 and 201 of IPC, in Crime 1/4

No.198 of 2022 on the file of the respondent police, seeks bail. 2.The case of the prosecution is that the deceased seeman was staying at her father-in-laws house on 08.12.2022 at about 7.00 p.m., he left the house and did not return to house. Hence, initially, the respondent police registered a case under Man missing. During the course of investigation, the respondent police has recovered the body of the deceased after six months. Subsequently, the police arrested the petitioner on 05.07.2023, stating that the petitioner along with other accused killed the deceased after the wordy altercation in drunken mood. 3.The learned counsel for the petitioner submitted that the petitioner is an innocent person and she has not committed any offence as alleged by the prosecution. On the ground of prolonged incarceration, this petition has been filed seeking bail.

4.The learned Additional Public Prosecutor submitted that DNA report is awaited. Considering the gravity of offences, the earlier bail application filed by the petitioner was dismissed by this Court on 04.09.2023. 5.Now, considering the period of incarceration only, this Court is inclined to grant bail to the petitioner with stringent conditions. 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/- 2/4

(Rupees Ten Thousand only) with two sureties each for a like sum to the satisfaction of the learned Judicial Magistrate, Aundipatti, Theni District and on further condition that the petitioner shall stay at Trichy and report before the learned Judicial Magistrate No.I, Trichy, daily at 10.30 a.m. until further orders. sd/- 25/09/2023 / TRUE COPY / 25/09/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TM TO THE JUDICIAL MAGISTRATE, AUNDIPATTI, THENI DISTRICT.

DO-THROUGH :

THE CHIEF JUDICIAL MAGISTRATE, THENI DISTRICT.

THE JUDICIAL MAGISTRATE NO.I TRICHY DO THROUGH:

THE CHIEF JUDICIAL MAGISTRATE, TRICHY DISTRICT.

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THE INSPECTOR OF POLICE GANDAMANUR POLICE STATION, THENI DISTRICT.

THE OFFICER INCHARGE DISTRICT JAIL, THENI.

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

+1 CC to M/s.R.KARUNANIDHI, Advocate ( SR-14141[I] dated 25/09/2023 )

ORDER

IN CRL OP(MD) No.17186 of 2023 Date :25/09/2023 PKP/SAR- /25.09.2023/ 4P/ 9C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4