Madras High CourtCRL OP/14515/2022granted

Jayakumar v. State Rep By

2022-06-24Honourable Mr Justice G.K. Ilanthiraiyan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 24.06.2022

CORAM

THE HON'BLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.OP.No.14515 of 2022 Jayakumar ..Petitioner/A1 Vs.

State rep by ..Respondent The Sub Inspector of Police, Attur Town Police Station, Salem District crime No.156 of 2022 PRAYER:

Criminal Original Petition is filed under Section 439 of Cr.P.C. praying to enlarge the petitioner on bail in crime No.156 of 2022 pending investigation on the file of the respondent police. For Petitioner : Mr.W.Camyles Gandhi For Respondent : Mr.A.Damodaran, Additional Public Prosecutor

ORDER

The petitioner, who was arrested and remanded to judicial custody on 14.04.2022 for the offence punishable under Sections 302, 201 & 176 of IPC in crime No.156 of 2022 on the file of the respondent police, seeks bail.

2. It is the case of the prosecution that A1 married the deceased about 17 years ago and they had two sons. There were often quarrels between them. While being so, on 12.04.2022, again there was a quarrel between them and A1 attacked the deceased. Thereafter, it was informed to police by A1 that she died by committing suicide. Therefore, FIR was registered under Section 174(3) of Cr.P.C. and after investigation it was found that A1 attacked and murdered the deceased by strangulating her neck and thereafter with the help of A2, disposed the body and created as if a natural death occurred. Hence, the case.

3. The learned counsel appearing for the petitioner would submit that the petitioner is an innocent person and he has been falsely implicated in this case. Hence, he prays to grant bail to the petitioner.

4.The learned Additional Public Prosecutor appearing for the respondent police submitted that there are totally two accused, in which the petitioner is A1, who is the husband of the deceased and A2 is his friend. On the date of occurrence, A1 murdered the deceased by strangulating her and with the help of A2, he disposed the body and created as if it was a natural death. Hence, he vehemently opposed to grant bail to the petitioner.

5. It is seen that the first accused is the husband of the deceased and the second accused is the friend of A1. Further, A2 was already granted bail by this Court in Crl.OP.No.13306 of 2022 dated 09.06.2022.

6. Considering the above facts and circumstances of the case and also the period of incarceration by the petitioner, this Court is inclined to grant bail to the petitioner. 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 blood related sureties, each for a like sum to the satisfaction of the learned Judicial Magistrate, Attur and on further conditions 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. and 05.30 p.m. until further orders [c] the petitioner shall not abscond either during investigation or trial.

[d] the petitioner shall not tamper with evidence or witness 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].

[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.

-sd/- 24/06/2022 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, ATTUR.

2 THE CHIEF JUDICIAL MAGISTRATE SALEM. [FOR INFORMATION] 3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

4 THE SUB INSPECTOR OF POLICE, ATTUR POLICE STATION, SALEM DISTRICT.

5 THE SUPERINTENDENT, CENTRAL PRISON, SALEM.

+1 CC to M/S. W.CAMYLES GANDHI Advocate on payment of necessary charges SR.NO.9868 CRL OP.14515/2022 Date :24/06/2022 TA-24/06/2022