Vetrivel v. State By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 24.08.2020 CORAM :
THE HON'BLE MR. JUSTICE A.D.JAGADISH CHANDIRA Crl.O.P.No.12807 of 2020 1Vetrivel S/o.Murugesan 2.Parasuraman S/o.Murugesan ...Petitioners Vs.
State by The Inspector of Police Bargur Police Station Krishnagiri District (Crime No.585 of 2020) ... Respondent PRAYER: Criminal Original Petition is filed under Section 439 of Criminal Procedure Code to enlarge the petitioners on bail pending investigation in Crime No.585 of 2020 on the file of respondent police.
For Petitioners : Mr.M.Jayachandran For Respondent : Mr.T.Shunmugarajeswaran Government Advocate (Crl. Side)
O R D E R
(The case has been heard through video conference) The petitioners, who were arrested and remanded to judicial custody on 10.06.2020 for the offences punishable under Section 147, 148, 294(b), 341, 342, 323, 324, 307,302 IPC, in Crime No.585 of 2020, seek bail.
2.The case of the prosecution is that the petitioners and the defacto complainant are the adjacent land owners. Due to shifting of stones from the boundary, there was a dispute among them. On 02.06.2020 there was a quarrel during which, the petitioners along others assaulted the father of the defacto complainant with deadly weapons, due to which, the victim died on the same spot. Based on the complaint given by the defacto complainant, a case was registered.
3.The learned counsel for the petitioners would submit that the petitioners and the defacto complainant's father are the adjacent land owners and on the date of occurrence the petitioners along with other accused went to the field, there was a quarrel between the
family members of the defacto complainant and the family members of the petitioners, thereby, the family members of the defacto complainant assaulted the petitioners's father, resulting in him sustaining serious injuries. In defence, the petitioners along with their family members attacked the defacto complainant's father and there was no premeditation. He would further submit that it is a case and a counter case, the counter case has been registered in Crime No.588 of 2020.
4.The learned Government Advocate (Crl. Side) would submit that the petitioners and the defacto complainant's family are adjacent land owners. On 02.06.2020, due to shifting of boundary stones, the petitioners along with their family members had assaulted the father of the defacto complainant and her relatives resulting in him sustaining injuries and the deceased died on the same day. The specific overt act against these petitioners is that they have caused fatal injury. Investigation is pending.
5.Taking into consideration of the facts and circumstances and also considering the submissions made by the learned counsels, this Court is inclined to grant bail to the petitioners, subject to the following conditions:
(a)Accordingly, the petitioners are ordered to be released on bail on condition to execute their 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)the petitioners shall within a period of two weeks after lifting of lockdown or the commencement of the Court's normal functioning whichever is earlier, and execute two sureties for a sum of Rs.10,000/- (Rupees ten thousand only) each, before the learned Judicial Magistrate No.I, Krishnagiri, 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 Aadhaar card or Bank pass Book to ensure their identity;
(d)the petitioners on release from prison shall stay in Krishnagiri and report before the Krishnagiri Town Police Station every day at 10.30 a.m. and 5.30 p.m. until further orders. The petitioners shall not enter the jurisdictional limits of respondent police.
(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 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];
(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/- 24/08/2020 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.I, KTISHNAGIRI 2 THE SUPERINTENDENT, CENTRAL PRISON,SALEM 3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
4 THE INSPECTOR OF POLICE, BARGUR POLICE STATION, KRISHNAGIRI DISTRICT, 5 THE OFFICER INCHARGE KRISHNAGIRI TOWN POLICE STATION, KRISHNAGIRI CC to M.JAYACHANDRAN Advocate on payment of necessary charges CRL OP.12807/2020 Date :24/08/2020 RD 04/09/2020