Sudarshan v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 05.07.2021

CORAM:

THE HON'BLE MR.JUSTICE M.DHANDAPANI Crl.O.P.No.10589 of 2021 1.Sudarshan .. Petitioners 2.Sadanandhan @ Sadasiva Vs.

The State rep by .. Respondent Inspector of Police, Hosur Town Police Station, Krishnagiri District.

(Crime No.122 of 2021) PRAYER: Criminal Original petition has been filed under Section 439 of Cr.P.C, prayed to enlarge the petitioners on bail in Crime No.122 of 2021 pending investigation on file of the respondent police. For Petitioners : Mr.R.Thirumoorthy For Respondent : Mr.A.Gopinath Government Advocate (Crl side)

ORDER

The petitioners, who were arrested on 24.05.2021 and remanded to judicial custody for the offences under Section 302 IPC in Cr.No.122 of 2021, on the file of the respondent police, seek bail.

2. The case of the prosecution is that the A1 and the deceased are adjacent villagers. In one case against the A1, the Police officials of the State of Andhra Pradesh, enquired about him in the Village. When it was questioned by the deceased to the A1, there was a wordy quarrel between them. Due to that enmity, A1 along with the petitioners herein assaulted the deceased and he succumbed to death. Hence they were arrested by the law enforcing agency.

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 24.05.2021 and he prays to grant bail to the petitioners.

4. The learned Government Advocate (Crl.Side) submitted there is no previous cases against the petitioners and the investigation is almost completed.

5. Considering the facts of period of incarceration suffered by the petitioners 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 shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) before the Superintendent, Central Prison, Vellore, in which the petitioners are confined and on such execution the petitioners shall be released from prison;

(b) Within a period of four weeks after the release, the petitioners shall execute a bond for Rs.10,000/-(Rupees Ten Thousand only) each with two sureties each for a like sum to the satisfaction of the learned Judicial Magistrate No.II at Hosur; (c) In case of any difficulty in executing the said bond along with the sureties before the concerned Magistrate within the time stipulated above, the petitioners are permitted to file appropriate petition within a period of four week therefrom before the concerned Magistrate for extension of time for executing the bond along with sureties and if any such application is filed, the concerned Magistrate shall decide on the grant of extension of time for accepting the bond and sureties in accordance with law. Failing filing of any such application within the time prescribed above, the bail granted by this Court would stand automatically vacated. (d)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;

(e)the petitioners shall report before the respondent police, daily at 10.30 a.m. until further orders; (f)the petitioners shall not tamper with evidence or witness either during investigation or trial; (g)the petitioners shall not abscond either during investigation or trial;

(h)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;

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

-sd/- 05/07/2021 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, NO.II, HOSUR.

2 THE CHIEF JUDICIAL MAGISTRATE KRISHNAGIRI. [FOR INFORMATION] 3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

4 THE INSPECTOR OF POLICE, HOSUR TOWN POLICE STATION, KRISHNAGIRI DISTRICT.

5 THE SUPERINTENDENT, CENTRAL PRISON, SALEM.

CC to M/S R.THIRUMOORTHY Advocate on payment of necessary charges CRL OP.10589/2021 Date :05/07/2021 TA-06/07/2021