Keerthikaran @ Keerthi v. The State Rep By Its Inspector Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 15.06.2022
CORAM:
THE HON'BLE Dr. JUSTICE G.JAYACHANDRAN Crl.O.P.Nos.11704, 11713 & 12243 of 2022 Crl.O.P.No.11704 of 2022 1.Keerthikaran @ Keerthi 2.Muthupandi 3.Mani @ Manikandan .. Petitioners Vs.
State rep. by The Inspector of Police, Thirunallar Police Station, Karaikal.
(Crime No.160 of 2021) .. Respondent Crl.O.P.No.11713 of 2022 1.Rajeshkumar @ Kothappu 2.Ramachandiran 3.Arun .. Petitioners Vs.
State rep. by The Inspector of Police, Thirunallar Police Station, Karaikal.
(Crime No.160 of 2021) .. Respondent Crl.O.P.No.12243 of 2022 1.Charles @ Saranraj 2.Bharathi @ Ammayi .. Petitioners Vs.
State rep. by The Inspector of Police, Thirunallar Police Station, Karaikal.
(Crime No.160 of 2021) .. Respondent
COMMON PRAYER: Criminal Original Petitions have been filed under Section 439 of Cr.P.C praying to enlarge the petitioners on bail pending trial in PRC No.1 of 2022 on the file of the Judicial Magistrate No.II, Karaikkal.
For Petitioners in Crl.O.P.Nos.
11704 & 11713/2022 : Mr.A.Ilayaperumal For Petitioners in Crl.O.P.No. : Mr.C.Prabakaran 12243/2022 For Respondent in all Crl.O.Ps. : Mr.V.Balamurugane Public Prosecutor(Pondy) ******** COMMON ORDER The petitioners, who were arrested for the alleged offences under Sections 148, 302 and 307 of IPC r/w.149 of IPC @ Sections 148, 302, 307, 120 (B), 109 of IPC r/w.149 of IPC @ Sections 148, 302, 307, 324, 120 (B), 109 of IPC r/w.149 of IPC, in Crime No.160 of 2021, on the file of the respondent police, seeks bail.
2. The petitioners are the accused in Crime No.160 of 2021, on the file of the respondent police. The case is in connection with murder of one Devamani, District Secretary of Pattali Makkal Katchi, due to previous enmity.
3. The learned Public Prosecutor (Puducherry) for the respondent submitted that on completion of investigation, final report is filed before the concerned Magistrate and the Committal proceeding is pending.
4.The learned counsel for the petitioners submitted that for nearly 8 months, the petitioners are in prison and since the investigation is completed and final report filed, they may be granted bail to engage the counsel and defend.
5. However, the learned Public Prosecutor (Puducherry) opposed granting bail stating that these petitioners are hire killers engaged from Mayavaram and if the petitioners are released on bail there is possibility of communal disturbance in and around Karaikkal area.
6.Considering the facts and the period of incarceration, this Court is inclined to grant bail to the petitioners. Accordingly, the petitioners are ordered to be released on bail subject to the following conditions;
(a) Each of the petitioners shall execute a separate bond for a sum of Rs.50,000/- (Rupees Fifty Thousand only) with two sureties, each for a like sum to the satisfaction of the learned Judicial Magistrate No.II, Karaikkal;
(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 petitioners are directed to report before the learned Judicial Magistrate No.II, Karaikkal, daily at 10.30 a.m., till the committal and thereafter, appear before the Committal Court on the 1st and 15th of every English Calender month;
(d) the petitioners shall not tamper with evidence or witness either during investigation or trial;
(e) 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]; (f) if the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.
-sd/- 15/06/2022 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, KARAIKKAL.
2 THE CHIEF JUDICIAL MAGISTRATE PUDHUCHERRY. [FOR INFORMATION] 3 THE SUPERINTENDENT, CENTRAL PRISON, PUDHUCHERRY.
4 THE INSPECTOR OF POLICE, THIRUNALLAR POLICE STATION, KARAIKAL.
5 THE PUBLIC PROSECUTOR PUDHUCHERRY.
+6 CC to M/S.A.ILAYAPERUMAL Advocate on payment of necessary charges SR.NOs. 9219 & 9220 +1 CC to M/S.C.PRABHAKARAN Advocate on payment of necessary charges SR.NO. 9209 CRL OP.Nos.11704, 11713 & 12243 /2022 Date :15/06/2022 RW-16/06/2022