Fredrick Samson v. The Inspector of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 04/09/2023 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN CRL OP(MD). No.16020 of 2023 Fredrick Samson

... Petitioner/Sole Accused Vs The State of Tamilnadu, Rep by its Inspector of Police, Thiruvidaimaruthur Police Station, Thanjavur District. (Crime No.516 of 2023) ... Respondent/Complainant For Petitioner : Mr.P.R.Boomee Rajan, 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.516 of 2023 on the file of the respondent police. ORDER : The Court made the following order :- The petitioner/Sole Accused herein, who was arrested on 20.07.2023 for the alleged offence under Section 174(iii) of Cr.P.C. r/w. under Section 304(ii) IPC in Crime No.516 of 2023, on the file of the respondent Police, seeks bail.

2.The case of the prosecution that on 19.07.2023, the petitioner took a two years old son of the defacto complainant in his two wheeler. When he returned back after consuming liquor, the child fell down into the river from the two wheeler and on the next day, the body was secured by the personnel of Fire Service. Hence, the complaint.

¶3The learned counsel for the petitioner would submit that the petitioner is an innocent and he has not committed any such offence as alleged by the prosecution. Actually, the petitioner took the child for the purpose of purchasing the snacks in his two wheeler, but on the way, he fell down into the river along with two wheeler and child, in which, the child wa died. Further, the petitioner is in judicial custody from

20.07.2023. Hence, he prays to release the petitioner on bail.

¶4The learned Additional Public Prosecutor would submit that there is no previous case pending against the petitioner.

5.Considering the facts and circumstances of this case, no previous case is pending against the petitioner and also considering the period of incarceration, this Court is inclined to grant bail to the petitioner with certain 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/- (Rupees Ten Thousand only) with two sureties each for a like sum to the satisfaction of the learned District Munsif cum Judicial Magistrate, Thiruvidaimarudhur, Thanjavur, and on further condition that the petitioner shall report before the respondent police daily at 10.30 a.m. until further orders.

sd/-

04/09/2023

/ TRUE COPY /

/09/2023

Sub-Assistant Registrar (C.S.)

Madurai Bench of Madras High Court,

Madurai - 625 023. Indu TO

¶1The District Munsif cum Judicial Magistrate, Thiruvidaimarudhur, Thanjavur.

¶2Do through the Chief Judicial Magistrate, Thanjavur District at Kumbakonam.

¶3The Officer Incharge, Sub Jail, Thiruvidaimarudhur, Thanjavur District.

¶4The Inspector of Police, Thiruvidaimaruthur Police Station, Thanjavur District.

¶5The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. +1CC to M/S. P.R. BOOMEE RAJAN, advocate, SR 13217(I), dated 05/09/2023 ORDER IN CRL OP(MD) No.16020 of 2023 Date :04/09/2023 SSA//04.09.2023/3P/7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023