Veerakumar v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Eighteenth day of December Two Thousand and Twenty Three PRESENT The Hon`ble Mr.Justice P.VADAMALAI IN CRL A(MD) No.352 of 2023 VEERAKUMAR ... PETITIONER/APPELLANT Vs THE INSPECTOR OF POLICE NIB, CIB, DINDIGUL, CRIME NO.19/2020.
... RESPONDENT/RESPONDENT Criminal Miscellaneous Petition filed praying that in the circumstances stated therein and in the petition filed therewith the High Court may be pleased to release the petitioner on interim bail for 4 days from 15/12/2023 to 19/12/2023 by temporarily suspending the sentence appealed against in CC No.273/2020 on the file of II Additional Special Court for NDPS Act Cases, Madurai pending disposal of Crl.A(MD).No.352 of 2023 for attending the remaining final rituals of his brother. 1/5
PRAYER IN CRL.A(MD).352/2023:
Pleased to call for records relating to the judgment in C.C.No.273 of 2020 dated 26.07.2022 on the file of the II Additional Special Court for NDPS Act Cases, Madurai and set aside the same and acqui the Appellant from all charges framed against him. Order : This petition coming up for orders on this day, upon perusing the petition filed in support thereof and upon hearing the arguments of M/S.G.MURUGENDRAN, Advocate for the petitioner and of Special Public Prosecutor on behalf of the Respondent, the court made the following order:- This Criminal Miscellaneous Petition is filed to release the petitioner on interim bail for 4 days from 15.12.2023 to 19.12.2023 by temporarily suspending the sentence imposed by the II Additional Special Court for NDPS Act Cases, Madurai in C.C.No.273 of 2020, dated 26.07.2022 for attending the remaining final rituals of his brother.
2. The learned counsel for the petitioner submitted that the petitioner's brother expired on 15.11.2023 and the same was informed to the Jail Authorities and he was allowed to participate in the funeral ceremony on 16.11.2023 and he was returned to jail on the same day. He further submitted that the death ceremonial functions are to 2/5
be performed from 15.12.2023 to 19.12.2023 and hence seeks interim bail for 4 days and the petitioner is ready to abide by any condition imposed by this Court. He would further submit that now, the petitioner is in the custody of the Central Prison, Madurai.
3.The learned Special Public Prosecutor appearing for the respondent police would submit that interim suspension of sentence may be granted for two days till 20.12.2023 at 11.00 a.m. subject to the petitioner being escorted by the police.
4. Without going into the merits of the case, considering the death ceremonial function of the petitioner's brother, this Court is inclined to grant two days interim suspension of sentence to facilitate him to participate in the death ceremonial function of his brother. Accordingly, the petitioner is granted interim bail for a period of two days till 20.12.2023 at 11.00 a.m. and the petitioner, namely Veerakumar, S/o.Thamilan, East Street, Mallaiyapuram, Athoor Taluk, Dindigul (now confined at Central Prison, Madurai) is ordered to be released on interim bail on 18.12.2023 at 5.00 p.m., on his executing a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) with one surety for a like sum to the satisfaction of the Superintendent, Central Prison, Madurai.
5. The Superintendent, Central Prison, Madurai, is hereby directed to release the petitioner forthwith on executing surety bond as stated above to his satisfaction. 3/5
Further, the petitioner/accused shall be released on interim bail with escort for attending the ceremonial function of his brother. The petitioner shall bear the expenses for the escort. It is made clear that the petitioner shall surrender before the concerned Prison on 20.12.2023 at 11.00 a.m. without fail.
6. The Superintendent of Central Prison, Madurai is directed to file a compliance report before this Court on 22.12.2023.
7. Post the matter before this Court on 22.12.2023. sd/- 18/12/2023 / TRUE COPY / 18/12/2023 Sub-Assistant Registrar (C.S. ) Madurai Bench of Madras High Court, Madurai - 625 023.
VSD TO 1 THE II ADDITIONAL SPECIAL JUDGE FOR NDPS ACT CASES, MADURAI.
2 THE SUPERINTENDENT, CENTRAL PRISON, MADURAI.
3 THE INSPECTOR OF POLICE NIB, CIB, DINDIGUL.
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4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
ORDER IN CRL MP(MD) No.17850 of 2023 IN CRL A(MD) No.352 of 2023 Date :18/12/2023 SA/SAR. /18.12.2023/5P/5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023. 5/5