Dinakaran v. State Rep By
jIN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 03.08.2021
CORAM:
THE HON'BLE MR.JUSTICE M.DHANDAPANI Crl.O.P.No.13455 of 2021 Dinakaran, M/A 40 years, S/o.Edward ... Petitioner Vs.
State rep by The Inspector of Police, P-4, Basin Bridge Police Station, Chennai.
(Crime No.177 of 2021) ... Respondent PRAYER: Criminal Original Petition has been filed under Section 439 of Cr.P.C, prayed to release the petitioner on bail pending investigation in Crime No.177 of 2021 on the file of the respondent. For Petitioner : Mr.P.Parthipan For Respondent : Mr.A.Gopinath Government Advocate (Crl.Side)
ORDER
The petitioner who was arrested on 16.04.2021 and remanded to judicial custody for the offences under Sections 147, 148 and 302 of IPC, in Crime No.177 of 2021 on the file of the respondent police, seeks bail.
2. The case of the prosecution is that the petitioner is arrayed as A7 in this case. Further, there was some wordy quarrel between the deceased and her husband, as a result, the petitioner along with other accused persons had attacked the deceased with Aruval and caused her death. Hence, the complaint.
3. The learned counsel for the petitioner submitted that the petitioner is no way connected with the alleged offence and he has been falsely implicated in this case and the petitioner has been in jail from 16.04.2021. He further submits that in the earlier bail application was dismissed by this Court in Crl.O.P.No.9987 of 2021 dated 21.06.2021 on the ground that A1 & A6 have been detained under Act 14 of 1982 and this petitioner is arrayed as A7 there is proposal for detaining under Act 14 of 1982 and there is no previous case pending against this petitioner. Therefore, he prays to grant bail to the petitioner.
4. The learned Government Advocate (Crl.Side) appearing for the respondent submitted that there is no previous case pending against the petitioner and the co-accused A1 & A6 have been detained under Act 14 of 1982. However, he vehemently opposed for grant of bail to the petitioner.
5. Considering the fact that the period of incarceration suffered by the petitioner and there is no previous case as against the petitioner, this Court is inclined to grant bail to the petitioner with certain conditions:
6. Accordingly, the petitioner is ordered to be released on bail on his executing a bond for a sum of Rs.10,000/-(Rupees Ten Thousand only) with two sureties, each for a like sum to the satisfaction of X Metropolitan Magistrate, Egmore, Chennai, and on further condition that:
(a)the sureties shall affix their photographs and left thumb impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity;
(b)the petitioner shall report before the respondent police, daily at 10.30 a.m. until further orders; (c)the petitioner shall not tamper with evidence or witness either during investigation or trial; (d)the petitioner shall not abscond either during investigation or trial;
(e)on breach of any of the aforesaid conditions, the learned Magistrate/ Trial Court is entitled to take appropriate action against the petitioner in accordance with law as if the conditions have been imposed and the petitioner 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]; and; (f)if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.
-sd/- 03/08/2021 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.X, EGMORE, CHENNAI.
2 THE CHEIF METROPOLITAN MAGISTRATE, EGMORE, CHENNAI [FOR INFORMATION].
3 THE INSPECTOR OF POLICE, P-4, BASIN BRIDGE POLICE STATION, CHENNAI.
4 THE SUPERINTENDENT, CENTRAL PRISON,VELLORE.
5 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
CC to M/S.P.PARTHIPAN Advocate on payment of necessary charges CRL OP.13455/2021 Date :03/08/2021 JPA 04/08/2021