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Madras High CourtCRL OP/672/2022granted

Thangamani v. State Rep By

2022-01-12Honourable Mrs Justice T.V.Thamilselvi3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 12.01.2022

CORAM:

THE HON'BLE MRS.JUSTICE T.V.THAMILSELVI Crl.O.P.No.672 of 2022 Thangamani ..

Petitioner Vs.

State Rep by The Inspector of Police, Denkanikottai Police station Krishnagiri District (Crime No.476 of 2021)

...Respondent

PRAYER: Criminal Original Petition has been filed under Section 439 of Cr.P.C praying to enlarge the petitioner on bail in Crime No.476 of 2021 pending investigation on the file of the respondent of police.

For Petitioner : Mr.M.Jayachandran For Respondent : Mr.N.S.Suganthan Government Advocate(Crl. Side)

ORDER

The petitioner who was arrested and remanded to judicial custody on 28.10.2021 for the offences under Sections 174 of Cr.P.C. Altered into 342, 302, 201 of IPC in Crime No.476 of 2021, on the file of the respondent police, seeks bail.

2. The case of the prosecution is that deceased was suspected his wife for illegal relationship with petitioner and assaulted his wife. While being so, on 21.10.2021 at about 10.50 p.m. Wife of the deceased was informed that her husband was died. Hence, the case was initially registered on suspicious death. After investigation reveals that due to illegal relationship, wife of the deceased Roopa(A1) and petitioner have jointly committed murder to the deceased. Hence the complaint.

3. The learned Counsel for the petitioner submits that the petitioner has not committed any such offence as alleged by the

prosecution and he has been falsely implicated in this case. He further submits that the petitioner was suffering incarceration for 77 days from 28.10.2021. Hence, he seeks for grant of bail to the petitioner.

4. The learned Government Advocate (Crl. Side) would raise objection stating that petitioner along with other accused attacked the deceased which caused death. He further submitted the investigation was almost completed.

5. Considering the facts and circumstances of the case and also the fact that the investigation was almost completed and also considering the period of incarceration undergone by the petitioner , this Court is inclined to grant bail to the petitioner with conditions.

[a] the Petitioner is ordered to be released on bail on executing 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 has been confined and thereafter on his release; [b] the petitioner shall execute two sureties out of which, one must be a blood surety and another be a local surety, for a sum of Rs.10,000/- (Rupees Ten Thousand only), before the Judicial Magistrate,Denkanikottai, within 15 days from the date of commencement of the Court's normal functioning, failing which the bail granted by this Court shall stand dismissed automatically; [c]the sureties shall affix their photographs and left thumb impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity; [d] the petitioner shall stay at Cuddalore and appear before the Town police station, Cuddalore on every Tuesday and Saturday at 10.30 a.m., until further orders;

[e]the petitioner shall not tamper with evidence or witness either during investigation or trial;

[f] the petitioner shall not abscond either during investigation or trial;

[g] on breach of any of the aforesaid conditions, the learned 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]; and;

[h]if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.

-sd/- 12/01/2022 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, DENKANIKOTTAI, KRISHNAGIRI DISTRICT.

2 THE CHIEF JUDICIAL MAGISTRATE KRISHNAGIRI DISTRICT. [FOR INFORMATION] 3 THE SUPERINTENDENT, CENTRAL JAIL, SALEM.

4 THE INSPECTOR OF POLICE, DENKANIKOTTAI POLICE STATION, KRISHNAGIRI DISTRICT.

5 THE INSPECTOR OF POLICE, TOWN POLICE STATION, CUDDALORE.

6 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

CC to M/S M.JAYACHANDRAN Advocate on payment of necessary charges CRL OP.672/2022 Date :12/01/2022 RW 19/01/2022