Dinesh @ Dineshkumar v. State Rep. By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 17.07.2020 CORAM :
THE HON'BLE MR. JUSTICE A.D.JAGADISH CHANDIRA Crl.O.P.No.10685 of 2020 1.Dinesh @ Dineshkumar ... Petitioners 2.Pandian Vs.
State rep. by its ... Respondent The Inspector of Police Panruti Police Station Cuddalore District (Crime No.346 of 2020) PRAYER: Criminal Original Petitions are filed under Section 439 of Criminal Procedure Code to enlarge the petitioners on bail in Crime No.346 of 2020 pending investigation on the file of the respondent police.
For Petitioners : Mr.S.Senthil Kumar For Respondent : Mr.T.Shunmugarajeswaran Government Advocate (Crl. Side)
ORDER
(These cases have been heard through video conference) The petitioners, who were arrested and remanded to judicial custody on 17.04.2020 for the offences punishable under Section 147, 148, 324, 307 and 302 IPC, in Crime No.346 of 2020, seek bail. 2.The case of the prosecution is that due to intra party political dispute between the members of the group belonging to the defacto complainant group and the accused group, the accused persons on 14.04.2020 at about 23.30 hours, committed the murder of one Balaji and Manikandan belonging to the rival group. The respondent police registered a case based on the complaint given by the relative of the deceased.
3.The learned counsel appearing for the petitioners would submit that the petitioners are innocent and they have been falsely implicated in this case. He would further submit that there was rivalry enmity between two groups in the same party and since the petitioners belong to the rival group, the de-facto complainant in order to wreck vengeance, had given a false complaint against the petitioners with a political motive. He would further submit that the
co-accused No.14 was granted bail by the learned Principal District Sessions Judge in Cr.M.P.No.24 of 2020 and the other accused No.12, 15, 16, 17, 18, 19, 20, 21 and 22 were granted bail by this Court vide order dated 19.06.2020 in Crl.O.P.Nos.9053/2020, 8307/2020, 8309/2020, 8557/2020 and Crl.O.P.No.9568 of 2020 dated 26.06.2020. He would further submit that the petitioners are suffering incarceration from 17.04.2020.
4.The learned Government Advocate (Criminal Side) would submit that due to intra party dispute between members of the same political party, the petitioners along with other accused had committed the double murder. There are totally 22 accused in this case, out of which 20 accused are named accused in the FIR. He would further submit that bail has been granted to the co-accused by this Court vide order dated 19.06.2020 in Crl.O.P.Nos.9053, 8307, 8309 and 8557 of 2020. The specific overt act against this petitioner is that he has inflicted injury with machetes on the left leg of one of the deceased.
5.Taking into consideration of the facts and circumstances, considering the submissions made by the learned counsels, the petitioner is suffering incarceration for more than 88 days and the co-accused in this case have also been granted bail, this Court is inclined to grant bail to the petitioner subject to the following conditions:
(a) Accordingly, the petitioners are ordered to be released on bail on condition to execute his own bond for a sum of Rs.10,000/- (Rupees ten thousand only) each, before the Superintendent of the concerned prison, in which the petitioners have been confined and thereafter on their release;
(b) Thereafter, the petitioners shall execute two sureties for a sum of Rs.10,000/- (Rupees ten thousand only) each, before the learned Judicial Magistrate No.I, Panruti, Cuddalore District, within a period of two weeks after lifting of lockdown or the commencement of the Court's normal functioning whichever is earlier, 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 petitioners shall stay at Trichy and report before the Trichy Cantonment Police Station daily at 10.30 a.m. until further orders.
(e) the petitioners shall not commit any offences of similar nature;
(f) the petitioners shall not abscond either during investigation or trial;
(g) the petitioners shall not tamper with evidence or witness either during investigation or trial;
(h) 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 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];
(i) 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/- 17/07/2020 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 JUDICIAL MAGISTRATE NO.1 PANRUTI, CUDDALORE DISTRICT 2 THE CHIEF JUDICIAL MAGISTRATE CUDDALORE. [FOR INFORMATION] 3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
4 THE INSPECTOR OF POLICE, PANRUTI POLICE STATION, CUDDALORE DISTRICT.
5 THE SUPERINTENDENT CENTRAL PRISON, CUDDALORE CC to M/S. S.SENTHILKUMAR Advocate on payment of necessary charges CRL OP.10685/2020 Date :17/07/2020 TA-25/08/2020