Gundu @ Wilson Paulraj v. State Rep By The Inspector Of Police

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.925 of 2022 Gundu @ Wilson Paulraj ..

Petitioner Vs.

State Rep by The Inspector of Police, Vellore North Law and Order Police Station Vellore District (Crime No.536 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.536 of 2021 pending investigation on the file of the respondent of police, North Police Station, Vellore Town and District. For Petitioner : Mr.D.Rajagopal For Respondent : Mr.N.S.Suganthan Government Advocate(Crl. Side)

ORDER

The petitioner who was arrested and remanded to judicial custody on 23.11.2021 for the offences under Sections 174 Cr.P.C. @ 294(b) and 302 IPC in Crime No.536 of 2021, on the file of the respondent police, seeks bail.

2. the deceased Saranraj having love affair with A2 Sivakumar's brother's daughter one Anu and prior enmity arose between the deceased and A2 and the deceased had a wordy altercation with this petitioner , thereby, the deceased Saranraj abused A1 and A2 and annoyed them, aggrieved at it and on provocation A2 instigated A1 and A1 assaulted with his hands on the head, neck and on the back of the deceased repeatedly with an intention to murder him and made him fell down. Then A1 kicked Saranraj on his neck as a result of which, Saranraj become unconscious and subsequently died due to massive attack caused by 1st accused. 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 50 days from 23.11.2021 . 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 is 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-IV, Vellore District, 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 Thiruvannamalai and appear before the Town Police station, Thiruvannamalai on every Tuesday, Wednesday and Sunday at 10.30 a.m.

[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, NO.IV, VELLORE.

2 THE CHIEF JUDICIAL MAGISTRATE VELLORE. [FOR INFORMATION] 3 THE SUPERINTENDENT, CENTRAL PRISON, THORAPADI, VELLORE.

4 THE INSPECTOR OF POLICE, VELLORE NORTH LAW AND ORDER POLICE STATION, VELLORE DISTRICT.

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

6 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

CC to D.RAJAGOPAL Advocate on payment of necessary charges CRL OP.925/2022 Date :12/01/2022 RW 19/01/2022