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Judgment
V. Sivagnanam, J
The petitioner / accused No.15, who was arrested and remanded to judicial custody on 31.10.2023 for the offences punishable under Sections 147, 148, 294(b), 323, 324, 427, 506(ii) IPC and Section 4 of Tamil Nadu Prohibition of Harassment of Women Act, 2002 in Crime No.65 of 2023 on the file of the respondent police seeks interim bail.
Heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for the respondent police.
Today, this petition is moved in the Lunch Motion and the learned counsel for the petitioner represented that the petitioner's wife has committed suicide and the funeral rites are going to be performed on 01.11.2023 and seeks interim bail.
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 wife.
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, Subbaiah, S/o. Chinnakaruppa Thevar, 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 wife.
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 learned Judicial Magistrate, Peraiyur, Madurai District 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.
This petition is ordered accordingly.
For reporting compliance call on 07.11.2023.