Sunday urgent hearing / THE HON’BLE MR. JUSTICE K.KUMARESH BABUCrl.O.P.No. 11045 of 2024GopinathS/o.(Late) Nagarajan … PetitionerVsThe State through:The Inspector of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 05.05.2024
CORAM :
THE HON’BLE MR. JUSTICE K.KUMARESH BABU
Crl.O.P.No. 11045 of 2024
Gopinath
S/o.(Late) Nagarajan … Petitioner
Vs
The State through:
The Inspector of Police,
Vikkravandi Police Station,
Villupuram, in Crime No.260 of 2024. … Respondent
PRAYER: Criminal Original Petition has been filed under Section 439 of
Cr.P.C. praying to enlarge the petitioner on interim bail in Crime No.260 of 2024 on the file of the respondent police from 05.05.2024 till 07.05.2024.
For Petitioner : Mr.N.Mahendra Babu
For Respondent : Mr.S.Rajakumar Additional Public Prosecutor

O R D E R
The petitioner, who was in confinement in Central Prison, Cuddalore from 04.03.2023 for the alleged offence under Section 306 of I.P.C. in Crime No. 260 of 2024 on the file of respondent police, seeks interim bail.

2. The petitioner/ accused had been in judicial custody from 04.03.2024 for the alleged offence registered in Crime No.260 of 2024 on the file of the respondent Police. The present application had been filed seeking to enlarge the petitioner on interim bail so as to enable him to carryout the final rites of his father, Nagarajan, who died on 04.05.2024.
3. Today, the above said Criminal Original Petition is taken up for hearing on vacation sitting, for the reason that the petitioner’s father
   Nagarajan passed away on 04.05.2024 at 10.30 a.m. at the Stanley Hospital, Chennai. The petitioner, is the accused in Crime No.260 of 2024 for the aforesaid alleged offence and he is in confinement in Central Prison, Cuddalore from 04.03.2024. In the meanwhile, the petitioner’s father passed away. In order to perform the last rites, the learned counsel for petitioner made petition to the Registry of this Court by 05.05.2024. In the meanwhile, Mr.S.Rajakumar, learned Additional Public Prosecutor had enquired and confirmed the death of his father Nagarajan and preparations being made for his last rites and rituals.
4. The learned counsel for petitioner would submit that the petitioner
   is a remand prisoner in Crime No.260 of 2024. The petitioner’s bail was dismissed twice and he is still in judicial custody. While being so, the father of petitioner passed away yesterday at 10.30 a.m. and the petitioner being the son, he has to do the last rituals of his deceased father, thereby, he may be granted interim bail and he may be permitted to attend the funeral along with necessary police escorts. The petitioner is also prepared to abide by any other conditions imposed by the Court and undertakes to surrender before the Jail authorities after performing the last rites. Hence, he prayed that interim bail may be granted for the petitioner from 05.05.2024 to 07.05.2024.
5. Mr.S.Rajakumar, learned Additional Public Prosecutor appearing on behalf of the Government would submit that subject to the stringent conditions they would have no objection in granting this interim bail as sought for by the petitioner.
6. Taking into consideration of the fact that the petitioner’s father has passed away and the fact that as he is son of deceased, he has to perform the last rites, this Court is inclined to grant interim bail to the petitioner as prayed for only from 05.05.2024 to 07.05.2024 on the following conditions:-
   (a) to execute his own bond for a sum of Rs.10,000/- (Rupees ten thousand only) before the Superintendent of the concerned prison in which the petitioner is confined and on further conditions that :-
   (b) the petitioner shall be accompanied by two Escorts and the cost shall be borne by the Government;
   (c) the petitioner shall also be subjected to surveillance by the respondent police;
   (d) he shall surrender before the jail authorities concerned at 10.00 a.m. On 08.05.2024.
   05.05.2024
   gba
   To
   1.The District Magistrate Cum Judicial Magistrate, Vikkravandi
7. The Superintendent of Prisons, Central Prison, Cuddalore – 607 003.
   3.The Inspector of Police,
   Vikkravandi Police Station,
   Villupuram, in Crime No.260 of 2024.
   4.The Public Prosecutor, High Court, Madras.
   K.KUMARESH BABU,J.
   Gba
   Crl.O.P.No. 11045 of 2024

05.05.2024
https://www.mhc.tn.gov.in/judis
7/7