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High CourtsSingle Bench(2023) 11 MAD CK 0009

Karthick Prakash vs State

Madras High Court · Decided on 1 November 2023

HON’BLE JUDGES
V. Sivagnanam, J
CASE NUMBER
Criminal Original Petition (MD) No. 19604 Of 2023

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Judgment

10 paragraphs · 348 words

V. Sivagnanam ,J

1.

The petitioner / accused No.3, who was arrested and remanded to judicial custody on 16.09.2023 for the offences punishable under Sections 302 and 201 IPC in Crime No.119 of 2023 on the file of the respondent police seeks interim bail.

2.

Heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for the respondent police.

3.

Today, this petition is moved in the Lunch Motion and the learned counsel for the petitioner represented that the petitioner's father passed away and the funeral rites are going to be performed on 01.11.2023 and seeks interim bail. He would further submit that now, the petitioner is in the custody of the District Prison, Theni District.

4.

The learned Additional Public Prosecutor appearing for the respondent police on verification through police submitted that the above said fact is true and hence, he may be granted interim bail to participate in the death ceremony of his father.

5.

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

i) The petitioner is directed to execute own bond for a sum of Rs.10,000/-(Rupees Ten Thousand only) to the satisfaction of the Superintendent of District Prison, Theni. On executing a bond, the Superintendent of District Prison, Theni, is directed to release the petitioner, by name, Karthick Prakash, S/o.Pandi, from 01.11.2023 to 06.11.2023 on custodial bail after following the usual procedure and other safeguarding measures in accordance with the Prison Manual, to attend the funeral ceremony of his father.

ii) The petitioner shall be released from prison at 5.00 pm on 01.11.2023 and thereafter, the petitioner is directed to surrender before the Judicial Magistrate No.II, Madurai on 06.11.2023 and on such surrender, the petitioner has to be taken back to the District Prison, Theni on 06.11.2023 before 05.00 p.m.

iii) 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.

6.

For reporting compliance call on 07.11.2023.