S.Sanjai v. State Rep By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 30.06.2020 CORAM :
THE HON'BLE MR. JUSTICE A.D.JAGADISH CHANDIRA Crl.O.P.No.9738 of 2020 S.Sanjai ... Petitioner /versus/ State Represented by ... Respondent The Inspector of Police, Alangayam Police Station, Thirupathur District, Crime No.251 of 2019.
Prayer: Criminal Original Petition is filed under Section 439 of Criminal Procedure Code, pleased to grant bail to the petitioner/Accused No.7 pending investigation in Crime No.251 of 2020 on the file of Respondent Police.
For petitioner : Mr.Swami Subramanian For Respondent : Mr.K.Prabhakar, Addl Public Prosecutor
ORDER
(The case has been heard through video conference) The petitioner, who was arrested and remanded to judicial custody on 07.06.2020 for the alleged offences punishable under Sections 147, 294(b), 323, 506(i) and 302 IPC altered to 147, 294(b), 323, 506(i), 302, 363 and 120 B IPC r/w. 5 of Tamil Nadu Forest Act 1882 and 36(A)(E) of Timber Transport Rules in Crime No.251 of 2019 on the file of the respondent police, seeks bail.
2. The case of the prosecution as per the defacto complainant is that there was a dispute between the accused and her son. While so, on 03.12.2019, when the defacto complainant and her daughter-in-law were at home, the accused had gone there, quarreled with them and demanded money from her son and during the quarrel, the accused, who are 10 in number (7 named and 3 unnamed) have assaulted the deceased with hands resulting in her death.
3.The learned counsel appearing for the petitioner would submit that the petitioner is an innocent person and he has been falsely implicated in this case and that even as per the FIR, the occurrence is said to have taken during a quarrel and no weapon was used. Even the medical report reflects that the victim had died of shock. Hence, he prays to grant bail to the petitioner.
4.The learned Additional Public Prosecutor submitted that the accused, who are 10 in number, were engaged by the husband of the deceased for illegal cutting and trading of Red Sanders in Andhra Pradesh and since he had refused to pay them money, the accused had gone to the house of the deceased and quarreled with the deceased and her family members and assaulted them. The deceased was taken to the hospital and during admission, she was declared brought dead. The Postmortem report reveals that she died of shock. He also submitted that the other accused have been granted bail. 5.Taking into consideration the submissions made by the learned counsel for the petitioner and considering the facts and circumstances, 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 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 for a sum of Rs.10,000/- (Rupees ten thousand only) each, before the learned Judicial Magistrate No.
III, Thirupathur, Thirupathur District within 15 days from the date of lifting of the lockdown and the 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 learned Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity; (d) the petitioner shall report before the respondent police daily at 10.30 a.m., for a period of two weeks and thereafter, on every Monday at 10.30 a.m., until further orders. (e) the petitioner to furnish the correct details of address along with mobile number to the Investigating Officer and to the concerned Court.
(f)the petitioner shall not commit any offences of similar ature;
(g) the petitioner shall not abscond either during investigation or trial;
(h) the petitioner shall not tamper with evidence or witness either during investigation or trial;
(i) 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];
(j) 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/- 30/06/2020 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 PRINCIPAL SESSIONS JUDGE, VELLORE.
2 THE JUDICIAL MAGISTRATE, NO.III, TIRUPATHUR.
3 THE CHIEF JUDICIAL MAGISTRATE TIRUPATHUR. [FOR INFORMATION] 4 THE INSPECTOR OF POLICE, ALANGAYAM POLICE STATION, THIRUPATHUR DISTRICT.
5 THE SUPERINTENDENT, CENTRAL PRISON, VELLORE.
6 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
CC to M/S SWAMISUBRAMANIAN Advocate on payment of necessary charges CRL OP.9738/2020 Date :30/06/2020 TA-13/07/2020