Karuppasamy v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 30.10.2023 PRESENT The Hon`ble Mr.Justice V. SIVAGNANAM Karuppasamy ... Petitioner/Sole Accused Vs The State represented by The Inspector of Police, Vembakottai Police Station, Vembakottai, Virudhunagar District.
(Crime No.208 of 2023) ... Respondent/Complainant For Petitioner : Mr.S.Prabha, Advocate For Respondent : Mr.RMS.Sethuraman, Additional Public Prosecutor.
PETITION FOR BAIL Under Sec.439 of Cr.P.C.
PRAYER :- For Bail in Crime No.208 of 2023 on the file of the Respondent Police. ORDER : The Court made the following order :- The petitioner, who was arrested and remanded to judicial custody on 07.08.2023 1/5
for the alleged offence punishable under Section 302 IPC in Crime No.208 of 2023, on the file of the respondent police, seeks bail. 2.The case of the prosecution is that the defacto complainant's husband used to get money from her and spend it for purchasing liquor. Therefore, there was frequent quarrel between them. On the date of occurrence, the defacto complainant's husband demanded money and the same was refused, due to which, he abused her in filthy language and also assaulted her. When the petitioner, who is the son of the defacto complainant, came to know about the same, poured kerosene on the deceased and set fire, due to which, the husband of the defacto complainant died. Hence the case.
3.The learned counsel appearing for the petitioner would contend that the petitioner is innocent and he has not committed any offence as alleged by the prosecution. He would further submit that the petitioner is in custody from 07.08.2023, hence he seeks bail.
4.The learned Additional Public Prosecutor appearing for the respondent Police would submit that the investigation completed and final report is ready. 2/5
5.Heard both sides and perused the materials available on record. 6.Considering the facts and circumstances and also taking into consideration the period of incarceration and taking into consideration of the principle stated by the Honourable Supreme Court in Sanjay Chandra and others vs. CBI reported in (2012)1 SCC 40, this Court is inclined to grant bail to the petitioner, subject to the following conditions:
[i] Accordingly, the petitioner is ordered to be released on bail on condition to execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties each for a like sum to the satisfaction of the learned Judicial Magistrate No.II, Sattur, Virudhunagar District and on further conditions that: (ii) 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; (iii) the petitioner shall appear before the trial Court daily at 10.00 am., until further orders.
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(iv)the petitioner shall not tamper with evidence or witness; (v)the petitioner shall not abscond during trial. vi) On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioner in accordance with law as if the conditions have been imposed and the petitioner 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]. vii)If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.
sd/- 30/10/2023 / TRUE COPY / 30/10/2023 Sub-Assistant Registrar (C.S. ) Madurai Bench of Madras High Court, Madurai - 625 023.
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TO 1 THE JUDICIAL MAGISTRATE NO.II SATTUR, VIRUDHUNAGAR DISTRICT.
2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, VIRUDHUNAGAR DISTRICT AT SRIVILLIPUTHUR.
3 THE INSPECTOR OF POLICE VEMBAKOTTAI POLICE STATION, VEMBAKOTTAI, VIRUDHUNAGAR DISTRICT.
4 THE OFFICER INCHARGE, DISTRICT PRISON, VIRUDHUNAGAR DISTRICT.
5 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1 CC to M/s.S.PRABHA, Advocate ( SR-15672[I] dated 30/10/2023 )
ORDER
IN CRL OP(MD) No.18009 of 2023 Date :30/10/2023 SS/SAR- /30/10/2023/5P/7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5