Thirumal v. The Inspector of Police

CRL OP(MD). No.11978 of 2023 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 30/06/2023 PRESENT The Hon`ble Mr.Justice G.K.ILANTHIRAIYAN CRL OP(MD). No.11978 of 2023 Thirumal, ... Petitioner/Accused No.4 Vs rep The Inspector of Police, Fort Police Station, Trichy City, Trichy (Crime No.964 of 2023). ... Respondent/Complainant For Petitioner : M/s.Niranjan S.Kumar, Advocate. For Respondent : Mr.R.M.Anbunithi, Additional Public Prosecutor(Crl.Side) PETITION FOR BAIL Under Sec.439 of Cr.P.C. PRAYER :- For Bail in Crime No.964 of 2023 on the file of the respondent police ORDER : The Court made the following order :- The petitioner/Accused who was arrested and remanded to judicial custody on 17.05.2023 for the offences under Sections 147, 148, 294(b), 323, 324 and 302 of IPC in Crime No.964 of 2023 on the file of the respondent police seeks bail.

¶2The case of the prosecution as per the defacto complainant is that due to previous motive, the accused persons attacked the deceased withwooden log, hence, the deceased succumbed to the injuries.

¶3Heard both sides and perused the materials available on record including the First Information Report. CRL OP(MD). No.11978 of 2023

¶4It is seen that the victim – deceased robbed a mobile phone and cash from this petitioner. Due to which, there was a dispute. The petitioner was working as Civil Labour based on the Contract on various places. They attacked him with wooden log and the deceased sustained grievous injuries and died.

¶5Considering the facts and circumstances of the case and also considering 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.10,000/- (Rupees Ten Thousand only) with two blood related sureties each for a like sum to the satisfaction of the learned Judicial Magistrate No.I, Trichy, 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 Book to ensure their identity. [c] the petitioner shall report before the respondent police station daily twice ie. morning at 10.30 A.M. and evening at 5.30 p.m., for a period of six weeks 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/- 30/06/2023 / TRUE COPY / 30/06/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023. CRLeOP(MD).eNo.11978eofe2023 LS TO 1 THE JUDICIAL MAGISTRATE NO.1 TRICHY 2 DO-THROUGH : THE CHIEF JUDICIAL MAGISTRATE, TRICHY DISTRICT. 3 THE SUPERINTENDENT, CENTRAL JAIL, TRICHY. 4 THE INSPECTOR OF POLICE FORT POLICE STATION, TRICHY CITY, TRICHY 5 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. +1 CC to M/s.NIRANJAN S.KUMAR, Advocate (SR-9972[I] dated 30/06/2023 ORDER IN CRL OP(MD) No.11978 of 2023 Date :30/06/2023 PKP/ /SAR- /30.06.2023/ 3P/7C