Allowed

Tirupathy v. The Superintendent of Police

Madras HC16 Oct 2022CRL OP(MD)/18579/2022

Case brief

AI extract

What is this about?

The Madras High Court granted interim bail to the accused petitioner, confined in Madurai Central Jail, for six days to attend his deceased mother's funeral rites, directing police escort for the journey.

What did the court decide?

Petitioner released by 3:30 p.m. on 16-10-2022 and required to return to Madurai Central Jail by 8:00 a.m. on 19-10-2022 with free police escort for purpose of attending his mother's funeral.

Tirupathy Vs The Superintendent of Police — Bail and Remand | Madras HC (2022)

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CRL OP(MD) No.18579 of 2022

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Sunday, the Sixteenth day of October Two Thousand and Twenty Two PRESENT

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THE HON'BLE MR. JUSTICE G.R.SWAMINATHAN

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CRL OP(MD) No.18579 of 2022

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TIRUPATHY ... PETITIONER / ACCUSED NO.3

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Vs THE STATE REP.BY,

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1 THE SUPERINTENDENT OF POLICE MADURAI CENTRAL JAIL, MADURAI CITY.

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2 THE INSPECTOR OF POLICE SOUTHGATE POLICE STATION, MADURAI CITY. (CRIME NO.90/2015).

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3 THE INSPECTOR OF POLICE PERUNGUDI POLICE STATION, MADURAI CITY. ... RESPONDENT / COMPLAINANT For Petitioner : M/S.VIJAYARAJA.J, Advocate For Respondents : MR.R.MEENAKSHI SUNDARAM, Additional Public Prosecutor

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PETITION FOR BAIL Under Sec.439 Cr.P.C.

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Prayer :-For Bail in Crime No.90/2015 on the file of the Respondent Police.

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ORDER : The Court Made the following order :-

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

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2.The petitioner is facing trial in SC No.88 of 2019 on the file of the learned Additional Sessions Judge, Madurai, for the offences punishable under Sections 147, 148, 364, 302, 201 r/w 201 of IPC. His rank is A3. The petitioner is in custody for more than 600 days. He had jumped bail and was secured by issuing Non-Bailable Warrant. The petitioner's bail application was dismissed by the learned trial Judge on 08.06.2022. The petitioner is taking steps to file regular bail. In the meanwhile, the petitioner's mother had passed away on 15.10.2022 at 07.00 p.m. Hence, he moved this Court for interim bail.

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3.The learned counsel for the petitioner is not in a position to furnish details about the petitioner's antecedents. Nor is he able to give assurance for bearing the cost of escort. The learned Additional Public Prosecutor is not having sufficient time to verify https://www.mhc.tn.gov.in/judis the particulars.

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CRL OP(MD) No.18579 of 2022

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4.Considering the facts and special circumstances obtaining in this case, the following directions are issued:-

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a) The petitioner is presently confined in Central Prison, Madurai. On production of certified copy of this order, the Superintendent, Central Prison, Madurai shall let out the petitioner accompanied by escort so that he can attend the final rites of his mother.

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b) The concerned police authorities will arrange appropriate escort to accompany the petitioner. The escort shall be with him till he returns to the Central Prison, Madurai.

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c) The escort will be provided free of cost. The petitioner will be let out from the Central Prison by 03.30 p.m today (16.10.2022)

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d) The said escort will bring back the petitioner to Central Prison, Madurai by 08.00 a.m on 19.10.2022.

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5.This Criminal Original Petition is disposed of accordingly. The petitioner is at liberty to file a regular bail petition either before this Court or before the trial Court after compliance of this order.

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16/10/2022

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Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

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1 THE JUDGE,

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ADDITIONAL SESSIONS JUDGE, MADURAI

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2 THE SUPERINTENDENT OF POLICE

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MADURAI CENTRAL JAIL, MADURAI CITY.

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3 THE INSPECTOR OF POLICE

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SOUTHGATE POLICE STATION, MADURAI CITY.

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4 THE INSPECTOR OF POLICE

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PERUNGUDI POLICE STATION, MADURAI CITY.

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5 THE ADDITIONAL PUBLIC PROSECUTOR,

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MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. COPY TO:

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THE REGISTRAR (JUDICIAL),

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MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

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+1. CC to M/S.VIJAYARAJA J Advocate SR.No.

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MK/SAR.II/16.10.2022/2P/8C

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https://www.mhc.tn.gov.in/judis

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Tirupathy v. The Superintendent of Police

Case brief

What is this about?

What did the court decide?

Tirupathy v. The Superintendent of Police

Case brief

What is this about?

What did the court decide?

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