Mariyappan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 10/11/2023 PRESENT The Hon`ble Mr.Justice P. VADAMALAI Mariyappan ... Petitioner/Accused No.4 Vs State Rep.by The Inspector of Police, Nazareth Police Station, Thoothukudi District.

Crime No. 70/2023.

... Respondent/Complainant For Petitioner :

M/s.Krishnaveni P, Advocate.

For Respondent :

Mr.R.M.S.Sethurman, Additional Public Prosecutor PETITION FOR BAIL Under Sec.439 of Cr.P.C.

PRAYER :- For Bail in Crime No. 70 of 2023 on the file of the respondent police. ORDER : The Court made the following order :- The petitioner /A4 who was arrested and remanded to judicial custody on 22.08.2023 for the offences under Sections 302 IPC @ 120(B), 302,341 of IPC , in Crime No.70 of 2023 on the file of the respondent police seeks bail.

2. The case of the prosecution is that due to previous enmity on 16.07.2023 all the accused persons conspired together and attacked the deceased with aruval and cased the death of the deceased. Hence the case.

3. The learned counsel for the petitioner would submit that the petitioner is 1/4

innocent and a false case has been foisted against him. He would further submit that co -accused were granted bail by the Sessions Court. He would further submit that the petitioner is in custody from 22.08.2023, hence he seeks bail.

4. The learned Additional Public Prosecutor appearing for the respondent Police would submit that all the accused persons conspired together and attacked the deceased with aruval and cased the death of the deceased,hence he objected to grant bail to the petitioner. However he fairly concedes that co-accused were granted bail by the Sessions Court and the charge sheet has been filed before the concerned Court.

5. Taking into consideration the facts and circumstances of the case and also the fact that co-accused was granted bail by the Sessions Court and also taking into consideration the fact that charge sheet has been filed before the concerned Court and also taking into consideration the period of incarceration this court is inclined to grant bail to the petitioner , subject to the following conditions: [a] Accordingly, the petitioner is ordered to be released on bail on condition to execute a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) with two sureties each for a like sum to the satisfaction of the learned Judicial Magistrate Sathankulam and on further conditions that:

[b] the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank Pass 2/4

Book to ensure their identity.

[c] the petitioner shall report before the Neelankarai Police Station, Chennai daily at 10.30 A.M., for a period of thirty days and thereafter as and when required for interrogation.

[d] the petitioner shall not commit any offences of similar nature. [e] the petitioner shall not abscond either during investigation or trial. [f] the petitioner shall not tamper with evidence or witness either during investigation or trial.

[g] On breach of any of the aforesaid conditions, the learned Judicial 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]. [h] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.

sd/- 10/11/2023 / TRUE COPY / 10/11/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

AAV 3/4

TO 1 THE JUDICIAL MAGISTRATE, SATHANKULAM.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, THOOTHUKUDI. 3 THE OFFICER INCHARGE, DISTRICT JAIL, THOOTHUKUDI. 4 THE INSPECTOR OF POLICE, NAZARETH POLICE STATION, THOOTHUKUDI DISTRICT.

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

COPY TO THE INSPECTOR OF POLICE NEELANKARAI POLICE STATION, CHENNAI.

+1 CC to M/s.P.KRISHNAVENI, Advocate ( SR-16213[I] dated 10/11/2023 )

ORDER

IN CRL OP(MD) No.18605 of 2023 Date :10/11/2023 RS//SAR-(10.11.2023) 4P 8C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4