Anthoniraj v. The State Rep.By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 28.04.2021
CORAM:
THE HON'BLE MR.JUSTICE M.DHANDAPANI Crl.O.P.No.7953 of 2021 Anthoniraj ... Petitioner Vs.
State represented by its, The Inspector of Police, Manalurpet Police Station, (Crime No.54 of 2021) Villupuram District ... Respondent PRAYER: Criminal Original petition has been filed under Section 439 of Cr.P.C, prayed to release the petitioner on bail pending investigation in Crime No.54 of 2021 on the file of the respondent. For Petitioner : Mr. N. Manokaran For Respondent : Mrs.M.Prabhavathi Additional Public Prosecutor
ORDER
The petitioner who was arrested on 14.02.2021 and remanded to judicial custody for the offences under Sections 294(b) and 307 of I.P.C altered to Section 294(b) and 302 of I.P.C in Cr.No.54 of 2021 on the file of the respondent police, seeks bail.
2. The petitioner is the sole accused in this case. The case of the prosecution is that the defaco complainant is one Chinnappan and on the occurrence day the accused called one Amudha for illegal intimacy and when the same was prevented by the defacto complainant and hence the petitioner set fire on the defacto complainant. Subsequently the deceased was taken to hospital. Inspite of better treatment the deceased died. Hence, the law enforcing agency registered a case against the petitioner.
3. The learned counsel for the petitioner submits that the petitioner is no way connected with the alleged offence and he has been falsely implicated in this case and the petitioner has been in jail from 14.02.2021. Therefore, he prays to grant bail to the petitioner.
4. The learned Additional Public Prosecutor vehemently opposed the grant of bail by stating that the the petitioner set fire on the deceased, due to which the deceased was affected by septicemia and died. She further submits that the investigation is almost completed.
5. Taking into consideration the fact that the investigation is almost completed 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: 6.Accordingly, the petitioner is ordered to be released on bail on his executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand Only) with two sureties, of whom, one should be a blood related surety, each for a like sum to the satisfaction of the learned Judicial Magistrate, Tirukoilur and on further condition that: (a)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; (b)the petitioner shall report before the respondent police, daily at 10.30 a.m. until further orders;
(c)the petitioner shall not tamper with evidence or witness either during investigation or trial;
(d)the petitioner shall not abscond either during investigation or trial;
(e)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;
(f)if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.
-sd/- 28/04/2021 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, TIRUKOILUR.
2 THE CHIEF JUDICIAL MAGISTRATE VILLUPURAM [FOR INFORMATION] 3 THE SUPERINTENDENT, CENTRAL PRISON, CUDDALORE.
4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
5 THE INSPECTOR OF POLICE, MANALURPET POLICE STATION, VILLUPURAM DISTRICT.
+1 CC to M/S.N.MANOKARAN Advocate on payment of necessary charges SR.No.5454 CRL OP.7953/2021 Date :28/04/2021 cs 29/04/2021