Nagaraj v. The State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 06.05.2021 CORAM :

THE HON'BLE Mr.JUSTICE G.R.SWAMINATHAN Crl.O.P.No.8511 of 2021 Nagaraj ... Petitioner Vs.

The State Rep by The Inspector of Police, Anchetty Police Station, Krishnagiri District.

(Crime No.24 of 2021) ... Respondent PRAYER: Criminal Original Petition is filed under Section 439 of Criminal Procedure Code to grant bail to the petitioner pending investigation in Crime No.24 of 2021 on the file of the respondent Police.

For Petitioner : Mr.M.Jayachandran For Respondent : Mr.L.Charles Premkumar Government Advocate (Crl. Side)

ORDER

(The case has been heard through video conference) Heard the learned counsel on either side.

2. The petitioner is in custody since 13.02.2021 for the offence under Sections 302 IPC and Section 25(1B)(a) of Arms Act, 1959. He seeks bail.

3.The case of the prosecution is that the petitioner has shot the deceased with a weapon belonging to the deceased. The stand of the defense is that the deceased and the petitioner went on a hunting expedition and thinking that there was a movement of wild animal, the petitioner fired the shot and it hit the deceased and according to the petitioner, it was a pure accident and there is no intention to kill the deceased, as he is his friend.

4. This Court is of the view that since the Final Report is ready and is awaiting sanction from the concerned authority the continued

incarceration of the petitioner is not necessary and hence, 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 condition to execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties each for a like sum to the satisfaction of the learned District Munsif cum Judicial Magistrate, Denkanikottai 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 petitioner shall not commit any offences of similar nature; (d) the petitioner shall not abscond either during investigation or trial;

(e) the petitioner shall not tamper with evidence or witness either during investigation or trial;

(f) 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]; (i) if the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.

5. With the above directions, this Criminal Original Petition is ordered.

-sd/- 06/05/2021 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 DISTRICT MUNSIF CUM JUDICIAL MAGISTRATE, DENKANIKOTTAI.

2 THE CHIEF JUDICIAL MAGISTRATE KRISHNAGIRI [FOR INFORMATION].

3 THE INSPECTOR OF POLICE, ANCHETTY POLICE STATION, KRISHNAGIRI DISTRICT.

4 THE SUPERINTENDENT, CENTRAL PRISON, SALEM.

5 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

+1 CC to M/S.M.JAYACHANDRAN Advocate on payment of necessary charges SR.NO. 5941 CRL OP.8511/2021 Date :06/05/2021 MN-07/05/2021