Manikandan v. State Represented By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 21.08.2020 CORAM :
THE HON'BLE MR.JUSTICE A.D.JAGADISH CHANDIRA Crl.O.P.No.12699 of 2020 Manikandan ... Petitioner Vs.
State represented by ... Respondent The Inspector of Police Pollachi Bazaar Police Station Coimbatore District (Crime No.1003 of 2020) PRAYER: Criminal Original Petition is filed under Section 439 of Criminal Procedure Code to enlarge the petitioner on bail in connection with the case in Crime No.1003 of 2020 pending investigation on the file of the Respondent Police.
For Petitioner : Mr.D.R.Arun Kumar For Respondent : Mr.T.Shunmugarajeswaran Government Advocate (Crl. Side)
ORDER
(The case has been heard through video conference) The petitioner, who was arrested and remanded to judicial custody on 31.05.2020 for the offences punishable under Section 174 Cr.P.C. altered to 342 and 302 IPC, in Crime No.1003 of 2020, seeks bail.
2.The case of the prosecution as per the defacto complainant is that the petitioner is the adopted son of her paternal uncle. The petitioner had committed the murder of her paternal uncle by hitting him with a bamboo stick for not transferring the properties in his favour.
3.The learned counsel appearing for the petitioner would submit that the petitioner is the adopted son of the deceased. The defacto complainant and her family members right from the beginning were against the adaption of the petitioner. He would further submit that the defacto complainant and her family members very well know the fact that the deceased fell down and sustained injuries and died, but the defacto complainant has lodged a false complaint and projected the
same as murder stating that the petitioner had committed murder of the deceased by hitting him with bamboo stick for the reason that he should not inherit the properties of his adopted father. 4.The learned Government Advocate (Crl. Side) would submit that the petitioner is the adopted son of the deceased and since the deceased refused to transfer the property in his favour, the petitioner had committed the murder of the deceased by assaulting him with a bamboo stick. He would further submit that the investigation is over and the final report has also been filed before the learned Judicial Magistrate No.1, Pollachi on 13.08.2020.
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 31.05.2020 and also taking into consideration of the fact that the final report has already been filed before the learned Judicial Magistrate No.1, Pollachi, 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), before the Judicial Magistrate No.II, Pollachi, 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 learned Judicial Magistrate No.1, Pollachi, on all the working days 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/- 21/08/2020 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.II, POLLACHI.
2 THE JUDICIAL MAGISTRATE NO.1, POLLACHI.
3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
4 THE INSPECTOR OF POLICE, POLLACHI BAZAAR POLICE STATION, COIMBATORE DISTRICT.
5 THE SUPERINTENDENT, CENTRAL PRISON, COIMBATORE.
+1 CC to M/S. D.R.ARUN KUMAR Advocate on payment of necessary charges SR.NO. 6007 CRL OP.12699/2020 Date :21/08/2020 MN-25/08/2020