Bail petition filed under Section 439 Cr.P.C. for petitioner lodged in Central Prison, Madurai, charged under IPC and Woman Harassment Act. Court granted bail on urgent ground of mother's death for last rites, directing release without specifying sureties.
Petitioner ordered released on bail; no specific surety conditions imposed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
CRL OP(MD).No.17957 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
( Criminal Jurisdiction )
Date : 05.10.2022
PRESENT
The Hon`ble Mrs.Justice T.V.THAMILSELVI
CRL OP(MD).No.17957 of 2022
K.K.Saravanan ... Petitioner/Sole Accused
Vs
State Rep.by The Inspector of Police, Theppakulam Police Station, Madurai City. (Crime No.510 of 2022) ... Respondent/Complainant For Petitioners : Mr.P.Praveen Kumar Advocate. For Respondent : Mr.B.Nambi Selvan Additional Public Prosecutor
PETITION FOR BAIL Under Sec.439 of Cr.P.C.
PRAYER :-
For Bail in Crime No.510 of 2022 on the file of the Respondent Police.
ORDER
This bail petition is moved under Section 439 of Cr.P.C. urgently on the ground that the petitioner's mother viz., K.K.Nirmala died on 04.10.2022 at 6.00 p.m. The case was registered for the offences under Sections 294(b), 323, 324 and 506(ii) of IPC and Section 4 of Woman Harassment Act, in Crime No.510 of 2022 on the file of the Theppakulam Police Station, Madurai City. It is submitted that the Petitioner is in judicial custody from 01.10.2022 and he is lodged in Central Prison, Madurai.
2.The learned Additional Public Prosecutor appearing for the respondent police would submit that it is a case in counter and the petitioner is not having any previous cases; that a bail petition is pending before the lower Court; and that, he verified as to the death of the mother of the petitioner and it is found to be gennuine.
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CRL OP(MD).No.17957 of 2022
3.Heard both sides and perused the records. A copy of the death certificate issued by the Doctor, Surya Hospital, Madurai with regard to the death of the petitioner's mother, is also produced along with the petition. Considering the above circumstances, to facilitate the petitioner to perform the last rites of his mother Late K.K.Nirmala, this Court is of the considered view that the petitioner may be granted bail. There is no order with regard to sureties. Accordingly, the petitioner is ordered to be released on bail.
sd/05/10/2022 / TRUE COPY / /10/2022
Assistant Registrar (V.O)
Madurai Bench of Madras High Court, Madurai - 625 023.
TO
1 THE JUDICIAL MAGISTRATE NO.1, MADURAI. [FOR INFORMATION]
3 THE INSPECTOR OF POLICE,
THEPPAKULAM POLICE STATION, MADURAI CITY,
MADURAI DISTRICT.
4 THE SUPERINTENDENT,
CENTRAL PRISON,
MADURAI.
+1 CC to M/S.P.PRAVEEN KUMAR, Advocate (SR-10919[I] dated 05.10.2022)
vsd
RS/AM/SAR(05.10.2022) 2P-7C
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2 issues framed by the court
Whether bail should be granted to the petitioner facilitating performance of last rites of his deceased mother.
Whether verification of death of mother justifies relaxation of strict bail conditions.
3 provisions across 3 enactments
K.K.Saravanan
State Rep.by The Inspector of Police, Theppakulam Police Station, Madurai City
T.V.Thamilselvi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
