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High CourtsSingle Bench(2023) 11 MAD CK 0163

Dharma @ Tharmalingam vs Inspector Of Police

Madras High Court · Decided on 24 November 2023

HON’BLE JUDGES
V. Sivagnanam, J
CASE NUMBER
Criminal Original Petition (MD) No. 21383 Of 2023

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Judgment

11 paragraphs · 358 words

V. Sivagnanam, J

1.

The petitioner, who was arrested and remanded to judicial custody on 03.11.2023 for the offences under Sections 381 IPC in Crime No.348 of 2023 on the file of the respondent police, seeks bail.

2.

The case of the prosecution is that the petitioner theft a sum of Rs.18 lakhs from the defacto complainant. Hence, the case.

3.

The learned counsel appearing for the petitioner would submit that the petitioner's father passed away on 23.11.2023 and the petitioner being the elder son, has to conduct the funeral ceremony and thereby, he would seek for interim bail.

4.When the matter was mentioned in the morning session, this Court had directed the learned Additional Public Prosecutor to get instructions with regard to the plea of the petitioner. Now, the learned Additional Public Prosecutor, on instructions from the respondent Police, has furnished a report stating that the father of the petitioner has passed away and the funeral function has been fixed tomorrow, i.e., on 25.11.2023.

5.

Heard both sides and perused the materials available on record including the First Information Report.

6.As per procedure, at first, the petitioner has to move the Sessions Court and thereafter, he has to move this Court. In this case, considering the urgency, moving of the Lower Court for bail is dispensed with and the petitioner is permitted to move the bail application before this Court without the order copy of the lower court.

7.Considering the urgency, this Court is inclined to grant interim bail to the petitioner with the following conditions:-

i) The Superintendent, Sub Jail, Tenkasi is directed to release the petitioner from 24.11.2023 to 04.12.2023 on bail on own bond after following the usual procedure and other safeguarding measures in accordance with the Prison Manual, to take part in the funeral ceremony, which is to be held on 25.11.2023. The petitioner shall surrender before the Sub Jail, Tenkasi on 05.12.2023 before 05.00 p.m.

ii)The petitioner shall be of good behaviour and shall not commit any offence during his leave. The petitioner is liable to be recalled immediately in case he violates any of the conditions.

8.This petition is ordered accordingly.