Gajendran v. State Rep.By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 24.08.2020 CORAM :

THE HON'BLE MR. JUSTICE A.D.JAGADISH CHANDIRA Crl.O.P.No.12832 of 2020 Gajendran S/o.Balaraman ... Petitioner Vs.

State rep. by The Inspector of Police SIPCOT Police Station Thiruvallur District (Crime No.1326 of 2020) ... Respondent PRAYER: Criminal Original Petition is filed under Section 439 of Criminal Procedure Code to enlarge the petitioner on bail in Crime No.1326 of 2020, on the file of the respondent police pending investigation.

For Petitioner : Mr.S.N.A.Hussainy 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 02.07.2020 for the offences punishable under Section 302 IPC, in Crime No.1326 of 2020, seeks bail.

2. The case of the prosecution is that on 02.07.2020 due to enmity and dispute regarding the property, the petitioner assaulted the deceased Gopal with knife and caused injuries. The deceased died on the way to the hospital.

3. The learned Counsel for the petitioner would submit that the petitioner is innocent and he has been falsely implicated in this case due to enmity regarding sharing of the property. He would further submit that the petitioner and the deceased are relatives. He would further submit that the petitioner was arrested on 02.07.2020.

4.The learned Government Advocate (Criminal Side) would submit that the deceased and the petitioner are relatives. Due to dispute between them in sharing the property, the petitioner had committed the murder of the deceased. He would further submit that the investigation is pending.

5.Taking into consideration of the facts and circumstances, considering the submissions made by the learned counsels and also the period of incarceration suffered by the petitioner, 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 within a period of two weeks after lifting of lockdown or the commencement of the Court's normal functioning whichever is earlier, and execute two sureties for a sum of Rs.10,000/- (Rupees ten thousand only), before the learned District Munsif cum Judicial Magistrate, Gummidipoondi, 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 shall stay at Villupuram and report before the Villupuram Town Police Station everyday at 10.30 a.m. until further orders. The petitioner shall not enter into the jurisdictional limits of the respondent police. (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/- 24/08/2020 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 DISTRICIT MUNSIF CUM JUDICIAL MAGISTRATE, GUMMIDIPOONDI 2 THE SUPERINTENDENT, CENTRAL PRISON,PUZHAL,CHENNAI 3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

4 THE INSPECTOR OF POLICE, SIPCOT POLICE STATION, TIRUVALLUR DISTRICT.

5 THE OFFICER INCHARGE VILLUPURAM TOWN POLICE STATION, VILLUPURAM CC to M/S. S.N.A.HUSSAINY Advocate on payment of necessary charges CRL OP.12832/2020 Date :24/08/2020 RD 03/09/2020