Anbarasan v. The State Rep By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 02.06.2021
CORAM:
THE HON'BLE MR.JUSTICE N.SATHISH KUMAR Crl.O.P.No.8961 of 2021
1. Anbarasan
2. Manikandan ... Petitioners Vs.
The State Rep. by Sub-Inspector of Police, Kalasapakkam Police Station, Tiruvannamalai District.
... Respondent PRAYER: Criminal Original Petition has been filed under Section 439 of Cr.P.C, prayed to enlarge the petitioners on bail in Crime No.88 of 2021 pending investigation on the file of the Respondent. For Petitioners : Mr.E.Sathiyaraj For Respondent : Mr.E.Raj thilak Government Advocate (Crl side)
ORDER
The petitioners who were arrested on 17.03.2021 and remanded to judicial custody for the offences under Section 174 Cr.P.C. Later, the Sections were altered as 302, 201 of Indian Penal Code r/w Section 135(1)(a) of IE Act, 2003 in Cr.No.88 of 2021 on the file of the respondent police, seeks bail.
2. The case of the prosecution is that the petitioners had murdered the brother of the defacto complainant with electric wire and disposed the body into the water pond. Hence, the complaint was registered against the petitioners for the offences stated supra.
3. The learned counsel for the petitioners submitted that the petitioners are no way connected with the alleged offence and they have been falsely implicated in this case and the petitioners have been in jail from 17.03.2021 Therefore, he prays to grant bail to the petitioners.
4. The learned Government Advocate (Crl.Side) would submit that the investigation is almost completed and the charge sheet is yet to be filed. Hence, he vehemently opposed for grant of bail to the petitioners.
5. Having regard to the nature of allegations and considering the fact that the substantial investigation is over, this Court is inclined to grant bail to the petitioners subject to the following conditions:
(a) each of the petitioner shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) before the Superintendent of the Central Prison, Vellore, in which the petitioners are confined and on such execution the petitioners shall be released from prison; (b) (i) After the lockdown restrictions are raised and normal time is restored, the restrictions are totally raised, each of the petitioner shall execute a bond for Rs.10,000/-(Rupees Ten Thousand only) with two sureties each for a like sum amount each to the satisfaction of the learned District Munsif cum Judicial Magistrate, Kalasapakkam, Thiruvannamalai District, The same shall be executed within a period of one month from the date the lockdown restrictions are raised.
(ii) If for any reason, the petitioners are not able to execute bond within the specified time, the petitioners shall approach this Court and file a petition seeking extension of time for the same. (iii) While executing the bond, the sureties shall furnish proof of identity and the sureties shall affix their photographs and left thumb impression in the surety bond and the Magistrate shall obtain a copy of their Aadhar card or Voter ID or Driving license or Bank pass Book to ensure their identity to the satisfaction of the learned District Munsif cum Judicial Magistrate, Kalasapakkam, Thiruvannamalai District.
(c) After the lockdown restrictions are raised, normal time is restored, the petitioners shall abide by the following conditions imposed by this Court. The petitioners shall not interfere, influence or cause hindrance to the pending investigation. (d) the petitioners shall report before the respondent police daily at 10.30 a.m., until further orders. (e) the petitioners shall not influence, threaten or coerce the evidence or witness either during investigation or trial; (f)the petitioners shall not abscond either during investigation or trial;
(g)on breach of any of the aforesaid conditions, the learned 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]; and;
(h)if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.
-sd/- 02/06/2021 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, KALASAPAKKAM TIRUVANNAMALAI DISTRICT.
2 THE CHIEF JUDICIAL MAGISTRATE TIRUVANNAMALAI(FOR INFORMATION) 3 THE SUB INSPECTOR OF POLICE, KALASAPAKKAM POLICE STATION, THIRUVANNAMALAI DISTRICT.
4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
5 THE SUPERINTENDENT, CENTRAL PRISON,VELLORE CC to M/S.E.SATHIYARAJ Advocate on payment of necessary charges Sr.6342 CRL OP.8961/2021 Date :02/06/2021 RVR 03/06/2021