Karthi v. State Rep By The Inspector Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 02.02.2021 CORAM :
THE HON'BLE MR. JUSTICE V.BHARATHIDASAN Crl.O.P.No.399 of 2021 Karthi ... Petitioner Vs.
The State Rep. by The Inspector of Police, Tiruppur North Police Station, Tiruppur.
(Crime No. 2377 of 2020) ... Respondent PRAYER: Criminal Original Petition is filed under Section 439 of Criminal Procedure Code to enlarge the petitioner on bail in Crime No. 2377 of 2020 pending investigation on the file of the Respondent.
For Petitioner : Mr. J. Franklin For Respondent : Mr.M. Prabavathi, APP
O R D E R
(The case has been heard through video conference) Petitioner, who was arrested and remanded to judicial custody on 18.11.2020 for the offence punishable under Section 302 IPC in Crime No.2377 of 2020 , seeks bail.
2. Totally there are four accused and the petitioner is A4. The case of the prosecution is that A1 in this case was working in the factory belongs to one Anand. On the date of occurrence, A1 along with all the accused went to the scene of occurrence, where the deceased was working as watchman. When the deceased questioned them, all the accused said to have attacked the deceased and thereby, he sustained injuries and died. Hence, a case has been registered against the petitioner.
3. The learned counsel for the petitioner would submit that main accused A1 . the petitioner is friend of 1. He would further submit that A1 , A2 and A3 were granted bail by this Court. Hence, he seeks bail to the petitioner.
4. The learned Additional Public Prosecutor appearing for the respondent would submit that all the accused brutally attacked the deceased and caused his death. She would further submit that coaccused in this case have been released on bail. Hence, she opposed to grant bail to the petitioner.
5. Considering the said facts and circumstances of the case and the fact that co-accused in this case have been released on bail and also considering the period of incarceration suffered by the petitioner, this Court is inclined to grant bail to the petitioner subject to the following conditions:
(a) Accordingly, the petitioner is ordered to be released on bail on condition to execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties each for a like sum to the satisfaction of the learned Judicial Magistrate No.1, Tiruppur, and on further conditions that:
(b) the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the learned Magistrate may obtain a copy of their Aadhar Card or Bank Pass Book to ensure their identity; (c) the petitioner shall report before the respondent police daily at 10.30 a.m., until further orders.
(d) the petitioner shall not commit any offences of similar nature;
(e) the petitioner shall not abscond either during investigation or trial;
(f) the petitioner shall not tamper with evidence or witness either during investigation or trial;
(g) on breach of any of the aforesaid conditions, the learned Judicial Magistrate/Trial Court is entitled to take appropriate action against the petitioner in accordance with law as if the conditions have been imposed and the petitioner released on bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560];
(h) if the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.
6. With the above directions, this Criminal Original Petition is ordered.
-sd/- 02/02/2021 This order, on being produced, be punctually observed and carried into execution by all concerned TRUE COPY Sub-Assistant Registrar (Statistics/C.S.) High Court, Madras - 600 104.
TO 1 THE JUDICIAL MAGISTRATE, NO.I, TIRUPPUR 2 THE CHIEF JUDICIAL MAGISTRATE TIRUPPUR(FOR INFORMATION) 3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
4 THE INSPECTOR OF POLICE, TIRUPPUR NORTH POLICE STATION, TIRUPPUR 5 THE SUPERINTENDENT, CENTRAL PRISON, COIMBATORE.
CC to M/S J.FRANKLIN Advocate on payment of necessary charges CRL OP.399/2021 Date :02/02/2021 RVR 03/02/2021