Harichandran v. State Rep By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 04.09.2020
CORAM
THE HONOURABLE MR. JUSTICE A.D.JAGADISH CHANDIRA Crl.O.P.No.13750 of 2020 HariChandran ... Petitioner Vs.
State Rep. by The Sub Inspector of Police Indur Police Station Dharmapuri DT (Crime No.1108 of 2020) ... Respondent Prayer: Criminal Original Petition filed under Section 439 Cr.P.C. to enlarge the petitioners on bail in Crime No.1108 of 2020, pending on the file of the respondent police. For Petitioner : Mr.D.Parthiban For Respondent : Mr.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 04.08.2020, for the offence punishable under Section 306 of IPC, in Crime No.1108 of 2020 on the file of the respondent police, seeks bail.
2.The case of the prosecution as per the defacto complainant viz., Arun Kumar is that his father/deceased sold 44 cents of his land to one Sella Muthu and A1 had purchased the same land from the said Sella Muthu on 06.06.2007. Thereafter, A1 had executed a Sale Deed but A1 had intentionally stated 87 cents instead of 44 cents in the document. Later, the deceased came to know about fact and requested A1 to return the land but A1 had refused the same and he along with other accused have abused him and abetted him to commit suicide. Due to which, the father of the defacto complainant committed suicide by hanging.
3.The learned counsel appearing for the petitioner would submit that, the petitioner is only a mediator and that he had not committed any offence. He would further submit that after having sold the property, the victim committed suicide as if he had only intended to sell part of the land. He would submit that the petitioner was arrested on 04.08.2020.
4.The learned Government Advocate (Crl.Side) appearing for the respondent would submit that the accused has intentionally mentioned 87 cents instead of 47 cents in the sale deed and thereby had cheated the deceased and when the deceased had asked for correction in the sale deed, the petitioner along with others have abused him, due to which, he had committed suicide by hanging.
5. Heard both sides and perused the material placed on record.
6.Taking into consideration of the facts and submissions made by the learned counsels and also considering the fact that the petitioner in only the mediator and suffering incarceration from 04.08.2020, this Court is inclined to grant bail to the petitioners 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) the petitioner shall within 15 days from the date of lifting of the lock down or the commencement of the Court's normal functioning or which ever is earlier and execute two sureties, each for a sum of Rs.10,000/- (Rupees Ten Thousand only), before the learned Judicial Magistrate No.II, Dharmapuri, 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 report before the respondent police everyday at 10.30 a.m., until further orders. (e) the petitioners shall not commit any offences of similar nature;
(f) the petitioners shall not abscond either during investigation or trial;
(g) the petitioners 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 abscond, a fresh FIR can be registered under Section 229A IPC.
7.With the above directions, this Criminal Original Petition is ordered.
-sd/- 04/09/2020 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, DHARMAPURI.
2 THE JAILER, SUB JAIL, DHARMAPURI DISTRICT.
3 THE PUBLIC PROSECUTOR HIGH COURT OF MADRAS, CHENNAI-600 104.
4 THE SUB INSPECTOR OF POLICE, INDUR POLICE STATION, DHARMAPURI DISTRICT.
CC to M/S D.PARTHIBAN Advocate on payment of necessary charges CRL OP.13750/2020 Date :04/09/2020 MK:08/09/2020