High CourtsSingle Bench(2024) 02 MAD CK 0179

Gopi vs Inspector Of Police

Madras High Court · Decided on 26 February 2024

HON’BLE JUDGES
M.Dhandapani, J
CASE NUMBER
Criminal Original Petition (MD) No. 2941 Of 2024

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Judgment

8 paragraphs · 381 words

M.Dhandapani, J

1.

The petitioner/Sole Accused, who was arrested and remanded to judicial custody on 12.02.2024 for the offences punishable under Section 304(2) of IPC in Crime No.47 of 2024, on the file of the respondent police, seeks bail.

2.The case of the prosecution is that the petitioner drove the vehicle in a rash and negligent manner and dashed against the defacto complainant's son, thereby, her son lost his life. Hence, the case.

3.The learned counsel for the petitioner submitted that the petitioner did not commit any offence as alleged by the prosecution and he has been falsely implicated in this case. However, on instructions, he further submitted that the petitioner, on his own volition, is ready and willing to pay a sum of Rs.7,00,000/- to the children of the defacto complainant by way of fixed deposit within one week, without prejudice to his rights and contentions before the trial Court. Hence, he prays to grant bail to the petitioner.

4.The learned Additional Public Prosecutor appearing for the respondent is directed to give the name, details of the children and bank account to the petitioner to pay the said amount or the petitioner may open the bank account in the name of the children and deposit the same.

5.Considering the undertaking given by the learned counsel for the petitioner, this Court is inclined to grant Interim Bail to the petitioner. Accordingly, the petitioner/accused is hereby directed to be released on Interim Bail for a period of eight days starting at 6.00 p.m. from 26.02.2024 till 5.00 p.m. on 04.03.2024 and the accused shall surrender before the respondent police at 5.00 p.m., on 04.03.2024 and he shall be produced before the trial court by the respondent Police on the same day. After coming out on interim bail, the petitioner/accused shall deposit a sum of Rs.3,50,000/- (Rupees Three Lakhs and Fifty Thousand only) each in the name of the children of the defacto complainant by way of Fixed Deposit in any one of the Nationalised Bank, without prejudice to his rights and contentions before the trial Court.

6.During the period the petitioner is on bail, he shall be escorted by a Police constable, the expenses towards the same to be borne by the petitioner.

7.

List the matter for reporting compliance on 04.03.2024.