Malik v. State Rep By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 31.08.2021
CORAM:
THE HON'BLE MR.JUSTICE M.DHANDAPANI Crl.O.P.No.14101 of 2021
1. Malik
2. Shanu Saibu ... Petitioners Vs.
State rep by its, The Inspector of Police, Kelamangalam Police Station, Krishnagiri District.
(CrimeNo.175 of 2021) ... Respondent PRAYER: Criminal Original Petition has been filed under Section 439 of Cr.P.C prayed to enlarge the petitioners on bail in Crime No.175 of 2021 on the file of the respondent.
For Petitioners : Mr.E. Kannadasan For Respondent : Mr.A.Gopinath Government Advocate (Crl.Side)
ORDER
The petitioners who were arrested and remanded to judicial custody on 15.07.2021 for the offences under Sections 147,148,341,294(b),307 of I.P.C subsequently altered into 147,148,341,294(b) and 302 of IPC, in Crime No.175 of 2021 , on the file of the respondent police, seek bail.
2. Totally there are 4 accused in this case and the petitioner herein are A2 and A3. The case of the prosecution is that due to previous enmity the petitioners alleged to have attacked the deceased by using wooden logs and caused grievous injuries. Due to which the injured succumbed to the injuries. Hence, the law enforcing registered a case against the petitioners.
3. The learned counsel for the petitioners submitted that the petitioners have not involved in the offence and they have been falsely implicated in this case. He further submits that the main over act is against A1 and these petitioners who are A2 and A3 have nothing to do with the alleged offence and they are in jail from 15.07.2021. Hence he prays for grant of bail to the petitioners.
4. The learned Government Advocate (Crl.Side) appearing for the respondent submitted that the petitioners along with other accused murdered the deceased by brutally assaulting him. Hence , he vehemently opposed for grant of bail to the petitioners.
5. Considering the fact that there is no specific over act against these petitioners and also considering the period of incarceration suffered by the petitioners, this Court is inclined to grant bail to the petitioners with certain conditions.
6. Accordingly, the petitioners are ordered to be released on bail on their executing a separate bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties, each for a like sum to the satisfaction of the learned Judicial Magistrate, Denkanikottai 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 petitioners shall report before the respondent police, daily at 10.30 a.m. until further orders;
(c)the petitioners shall not tamper with evidence or witness either during investigation or trial;
(d)the petitioners 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 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]; and; (f)if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.
-sd/- 31/08/2021 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 JUDICIAL MAGISTRATE, DENKANIKOTTAI.
2 THE CHIEF JUDICIAL MAGISTRATE KRISHNAGIRI DISTRICT [FOR INFORMATION]
THE SUPERINTENT, CENTRAL PRISON, SALEM.
4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
5 THE INSPECTOR OF POLICE, KELAMANGALAM POLICE STATION, KRISHNAGIRI DISTRICT .
+1 CC to M/S E.KANNADASAN Advocate on payment of necessary charges SR NO.9310 CRL OP.14101/2021 Date :31/08/2021 RW 01/09/2021