Madras High Court
Muthu Muniyandi @ Suresh vs State Represented By Its on 24 March, 2018
Author: R.Pongiappan
Bench: R.Pongiappan
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 24.03.2018
CORAM
THE HONOURABLE MR.JUSTICE R.PONGIAPPAN
Crl.O.P(MD)No.4827 of 2018
Muthu Muniyandi @ Suresh ...Petitioner/ Accused
-Vs-
1.State represented by its
The Inspector of Police,
Koodakovil Police Station,
Madurai District.
(Crime No.108 of 2017)
2.The Superintendent,
Central Prison, Madurai. ... Respondents
Prayer: Criminal Original petition is filed under Section 439 of Code of
Criminal Procedure, to enlarge the petitioner on interim bail, in Crime
No.108 of 2017, pending on the file of the respondent police.
!For Petitioner : Mr.P.Krishnasamy
For Respondents : Mr.A.Robinson,
Government Advocate (Crl. Side).
:ORDER
The petitioner, who has been arrayed as second accused in Crime No.108 of 2017, registered by the Inspector of Police, Koodakovil Police Station, Madurai District, arrested on 10.06.2017, for the alleged commission of offence under Section 394 I.P.C., seeks interim bail.
2.The case of the prosecution is that on 10.06.2017, at about 16.00 Hours, when the de facto complainant standing near to the TASMAC shop at Koodakovil, Thirupparankundram, the petitioner and three other accused came there and threatened the de facto complainant and forcibly took a sum of Rs.500/- after causing injury on the neck, by using a knife, for which, a case has been registered against this petitioner and the other accused.
3.Today, as per the orders of the Hon'ble Administrative Judge, this matter is taken up for hearing.
4.The learned counsel appearing for the petitioner make a submission that yesterday (23.03.2018) at about 04.00 p.m., the mother of the petitioner, named as, Irulayee was died. She is having three daughters and one son. Being the elder son, the petitioner alone have to perform the last rites of the said Irulayee, for which, the presence of the petitioner is necessary. Accordingly, he prayed to grant interim bail for a specific period, till the completion of last rites.
5.On the other hand, Mr.A.Robinson, learned Government Advocate (Criminal side) make a submission that the petitioner is having twenty previous cases. Moreover, all the previous cases are registered for the similar offences, now registered against this petitioner. However, he conceded that the presence of the petitioner is necessary for completing the last rites of his mother, thereby he has not raised his objection for allowing this application.
6.Submissions made by the counsels appearing on either side are considered.
7.It is alleged that during the time of occurrence, the petitioner and other accused robbed Rs.500/- from the de facto complainant. On considering the fact that the petitioner is having twenty previous cases, this Court came to the conclusion that the petitioner cannot be granted with a regular bail. Now, circumstances show that the presence of the petitioner is necessary for completing the last rites of his mother, Irulayee, for which, the learned Government Advocate (Criminal side) also did not raise any objection for granting interim bail. Thereby, this Court decided to grant interim bail to the petitioner from today (24.03.2018) till 28.03.2018, subject to the following conditions:
(i)the petitioner shall execute a bond for a sum of Rs.20,000/- (Rupees Twenty Thousand Only) by himself, to the satisfaction of the first respondent police;
(ii)during the period of interim bail from 24.03.2018 to 28.03.2018, the petitioner is directed to appear before R.PONGIAPPAN, J.
smn/sm the first respondent police daily between 05.00 p.m. and 06.00 p.m.;
(iii)On completion of final ceremonies, he shall surrender before the first respondent on 28.03.2018, morning 10 O' Clock.
8.The Superintendent, Central Prison, Madurai, is directed to produce the petitioner before the first respondent police, immediately.
9.It is also open to the first respondent to provide for Escort for the protection/to ensure availability of the petitioner/accused. To
1.The Inspector of Police, Koodakovil Police Station, Madurai District.
2.The Superintendent, Central Prison, Madurai.
2.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai..