Sabarinadhan @ Kunjumani v. The State Rep By.
`IN THE HIGH COURT OF JUDICATURE AT MADRAS Dated : 20.08.2020 CORAM :
THE HON'BLE MR. JUSTICE A.D.JAGADISH CHANDIRA Crl.O.P.No.12682 of 2020 Sabarinadhan @ Kunjumani S/o.Subramani ... Petitioner Vs.
The State, represented by Inspector of Police K-10, Koyambedu Police Station Chennai (Crime No.839 of 2020) ... Respondent PRAYER: Criminal Original Petition is filed under Section 439 of Criminal Procedure Code to enlarge the petitioner on bail concerned in Crime No.839 of 2020 on the file of the Inspector of Police, K-10, Koyambedu Police Station, Chennai. For Petitioner : Mr.M.Vinoth For Respondent : Mr.T.Shunmugarajeswaran Government Advocate (Crl. Side)
O R D E R
(The case has been heard through video conference) The petitioner, who was arrested and remanded to judicial custody on 21.05.2020 for the offences punishable under Section 302 IPC, in Crime No.839 of 2020, seeks bail. 2.The case of the prosecution as per the defacto complainant Govindaraj, the Village Administrative Officer (VAO) in Nerkundram Village is that A1 one Vijay appeared before him and confessed that on 21.05.2020 at the time of consuming alcohol, due to the previous enmity, he committed the murder of one Ramesh along with his friends. Based on the report of the VAO. Originally, a case was registered with R-5, Virugambakkam Police Station later it has been transferred to the respondent police for want of jurisdiction.
3.The learned counsel appearing for the petitioner would submit that the petitioner is A5 in this case. He would further submit that the petitioner is innocent and he has been implicated in this case since he happened to be a friend of A1. He would further submit that the petitioner was arrested on 22.05.2020 and
he is in judicial custody for more than 90 days. He would further submit that the petitioner is prepared to abide by any stringent conditions that to be imposed by this Court. 4.The learned Government Advocate (Crl. Side) would submit that the petitioner is a friend of one Vijay / A1. He would further submit that the petitioner along with his friends committed the murder of their friend one Ramesh. He would further submit that there are several theft cases pending against this petitioner.
5.Taking into consideration of the facts and circumstances, considering the submissions made by the learned counsels, and also considering the period of incarceration suffered by the petitioner from 22.05.2020, 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 his own bond for a sum of Rs.10,000/- (Rupees ten thousand only), before the Superintendent of the concerned prison, in which the petitioner has been confined and thereafter on his release;
(b) Thereafter, the petitioner shall execute two sureties for a sum of Rs.10,000/- (Rupees ten thousand only) each, out of which, one surety should be a blood surety, before the V Metropolitan Magistrate Court, Egmore, Chennai, within a period of two weeks after lifting of lockdown or the commencement of the Court's normal functioning whichever is earlier, 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 Aadhar card or Bank pass Book to ensure their identity;
(d) the petitioner on his release from prison, shall report before the respondent police everyday at 10.30 a.m. until further orders.
(e)the petitioner shall not commit any offences of similar nature;
(f)the petitioner shall not abscond either during investigation or trial;
(g)the petitioner 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/- 20/08/2020 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 METROPOLITAN MAGISTRATE, NO.V, EGMORE,CHENNAI 2 THE SUPERINTENDENT, CENTRAL PRISON,PUZHAL 3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
4 THE INSPECTOR OF POLICE, K-10, KOYAMBEDU POLICE STATION, CHENNAI.
+1 CC to M/S. M.VINOTH Advocate on payment of necessary charges sr 5988 CRL OP.12682/2020 Date :20/08/2020 RD 21/08/2020 RD 08/09/2020