Kavitha v. State Rep By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED 19.05.2021
CORAM
THE HONOURABLE MRS. JUSTICE R.HEMALATHA CRL.OP.No.9354/2021
1. Kavitha
2. Anitha .. Petitioners
Versus
State rep.by The Inspector of Police Malayampalayam Police Station, Erode District.
(Crime No.98 of 2021) .. Respondent Prayer:-Criminal Original Petition filed under Section 439 of the Code of Criminal Procedure seeking to enlarge the petitioners on bail in crime No.98 of 2021 pending investigation on the file of the respondent police.
For Petitioners :
Mr.C.S.Saravanan For Respondent :
Mr.E.Raj Thilak Government Advocate (Crl.Side)
ORDER
The petitioners, who were arrested and remanded to judicial custoday on 01.05.2021 for the offences punishable under Section 302 IPC in Crime No.98 of 2021 on the file of the respondent police, seek bail.
2. The case of the prosecution is that the petitioners along with other accused attacked the deceased with hands, legs and rubber tubes causing serious injuries, as a result of which he died.
3. The learned counsel for the petitioners submitted that the petitioners are innocent and have been falsely implicated in this case. He further submit that they are in judicial custody since 01.05.2021.
4. The learned Government Advocate (Crl.Side) opposed the bail petition on the ground that the investigation is still pending.
5. Considering the period of incarceration and also the present COVID-19 pandemic situation, this Court is inclined to grant bail to the petitioners subject to the following conditions:- (a) The petitioners are ordered to be released on bail on executing their own bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) before the Superintendent, Central Prison, Coimbatore (Ladies Wing) and thereafter on their release;
(b) The petitioners shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties for a like sum each to the satisfaction of the learned Judicial Magistrate, Kodumudi within 15 days from the date of the commencement of the Court's normal functioning, failing which the bail granted by this Court shall stand cancelled automatically;:
(c ) the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity. (d) the petitioners shall report before the respondent police daily at 10.30 a.m., until further orders.
(e) the petitioners shall not abscond either during investigation or trial.
(f) the petitioners shall not tamper with evidence or witness 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]. (h)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/- 19/05/2021 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 JUDICIAL MAGISTRATE, KODUMUDI.
2 THE CHIEF JUDICIAL MAGISTRATE ERODE [FOR INFORMATION] 3 THE SUPERINTENDENT, CENTRAL PRISON, COIMBATORE [LADIES WING] 4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
5 THE INSPECTOR OF POLICE, MALAYAMPALAYAM POLICE STATION, ERODE DISTRICT.
CC to M/S.C.S.SARAVANAN Advocate on payment of necessary charges CRL OP.9354/2021 Date :19/05/2021 cs 24/05/2021