Madras High CourtCRL OP/3090/2021granted

J.Mani v. State By,

2021-02-18Honourable Mr Justice V. Bharathidasan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 18.02.2021 CORAM :

THE HON'BLE MR. JUSTICE V.BHARATHIDASAN Crl.O.P.No.3090 of 2021

1. J. Mani

2. Vinoth ... Petitioners Vs.

The State Rep. by The Inspector of Police, Jolarpet Police Station, Tirupattur District.

(Crime No. 2 of 2021) ... Respondent PRAYER: Criminal Original Petition is filed under Section 439 of Criminal Procedure Code to enlarge the petitioner on bail in Crime No.2 of 2021 pending investigation on the file of the Respondent.

For Petitioners : Mr. S. Anburaja For Respondent : Mrs.M. Prabhavathi, APP

O R D E R

(The case has been heard through video conference) Petitioners, who were arrested and remanded to judicial custody on 02.01.2021 for the offence punishable under Sections 294(b), 341 and 302 IPC in Crime No.2 of 2021, seeks bail.

2. Totally there are 6 accused and the petitioners are A6 and A11. The case of the prosecution is that there was civil dispute between A1 and the deceased. Due to the same, the petitioners colluded with other accused, waylaid the deceased and attacked him with dangerous weapon and committed murder.

3. The learned counsel for the petitioner would submit that admittedly, there is motive between A1 and deceased and overtact has also been attributed only against A1 to A4. Since the petitioners are relative of A1, they have been falsely implicated in this case. He would further submit that some of the similarly placed accused were granted anticipatory bail. Hence, he seeks bail to the petitioners.

4. The learned Additional Public Prosecutor appearing for the respondent would submit that there was previous enmity between A1 and the deceased, due to which, these petitioners conspired along with A1 to A4, and committed murder. She would further submit that A4 and A5 were granted anticipatory bail. However, she opposed to grant bail to the petitioners.

5. Considering the said facts and circumstances of the case and the fact that some of the co-accused, who are similarly placed persons, were granted anticipatory bail and also considering the period of incarceration suffered by the petitioners, this Court is inclined to grant bail to the petitioners subject to the following conditions: (a) Accordingly, the petitioners are ordered to be released on bail on condition to execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) each with two sureties each for a like sum to the satisfaction of the learned Judicial Magistrate No.I, Tirupattur, 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 petitioners shall report before the respondent police daily at 10.30 a.m., until further orders. (d) the petitioners shall not commit any offences of similar nature;

(e) the petitioners shall not abscond either during investigation or trial;

(f) the petitioners 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 petitioners in accordance with law as if the conditions have been imposed and the petitioners 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/- 18/02/2021 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, TIRUPATTUR.

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

4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

5 THE INSPECTOR OF POLICE, JOLARPET POLICE STATION, TIRUPATHUR DISTRICT.

+1CC to M/S.S.ANBURAJA Advocate on payment of necessary charges SR NO.1842 CRL OP.3090/2021 Date :18/02/2021 MK:19/02/2021