V.Jayaraman v. 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.8632 of 2021 V.Jayaraman ... Petitioner Vs.
State rep by :- ... Respondent The Inspector of Police, R-3, Ashok Nagar Police Station, Chennai.
(Crime No.35 of 2020) PRAYER: Criminal Original Petition is filed under Section 439 of Criminal Procedure Code to enlarge the petitioner on bail in Crime No.35 of 2020 pending investigation on the file of the respondent police.
For Petitioner : Mr.K.Thilageswaran For Respondent : Mr.L.Charles Premkumar Government Advocate (Crl. Side) For Intervenor : Mr.Nareshkumar
ORDER
(The case has been heard through video conference) Heard the learned counsel appearing for the petitioner, the learned Government Advocate (Criminal Side) appearing for the respondent Police and the learned counsel for the intervenor.
2. The petitioner is in custody since 26.04.2021 for the offence under Sections 294(b), 498(A), 306 & 506 (i) of IPC. He seeks bail. 3.The deceased is none other than the wife of the petitioner herein. The petitioner's wife had committed suicide on 05.02.2020. The learned counsel appearing for the intervenor as well as the learned Government Advocate (Criminal Side) would point out that the suicide note left behind by the deceased, directly implicated the petitioner herein. It is further stated that the veracity of the suicide note has been sent for the opinion of the handwriting expert and the report is still awaited.
4. The learned Government Advocate (Criminal Side) would point out that the duration of petitioner's incarceration is rather short.
5. Even though the investigation is pending, the question that arises is whether the petitioner's continued detention is warranted. The petitioner is aged about 72 years and the deceased is none other than his wife. It appears that there is a property dispute between the petitioner on the one hand and the intervenor on the other. Taking note of the age of the petitioner and other aspects, I am of the view that no prejudice to the prosecution will occur, if he is granted bail 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 XVII Metropolitan Magistrate, Sydapet 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];
(g) 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/- 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 METROPOLITAN MAGISTRATE, NO.XVII, SYDAPET, CHENNAI 2 THE CHIEF METROPOLITAN MAGISTRATE, EGMORE, CHENNAI. [FOR INFORMATION] 3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
4 THE INSPECTOR OF POLICE, R-3 ASHOK NAGAR POLICE STATION, CHENNAI.
5 THE SUPERINTENDENT, CENTRAL PRISON, PUZHAL, CHENNAI +1 CC to M/S.K.THILAGESWARAN Advocate on payment of necessary charges SR.NO.5858 CRL OP.8632/2021 Date :06/05/2021 TA-07/05/2021