R.Manjunath v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 11.08.2021

CORAM:

THE HON'BLE MR.JUSTICE M.DHANDAPANI Crl.O.P.No.14107 of 2021 R.Manjunath ... Petitioner Vs.

State represented by ... Respondent The Inspector of Police, Shoolagiri Police Station, Krishnakiri District.

(Crme No.64 of 2018) PRAYER: Criminal Original Petition has been filed under Section 439 of Cr.P.C, prayed to enlarge the petitioner on bail in Crime No.64 of 2018 on the file of the respondent police.

For Petitioner : Mr.P.Muthamizh Selvakumar For Respondent : Mr.C.E. Pratap Government Advocate (Crl.Side)

ORDER

The petitioner who was arrested on 23.06.2021 and remanded to judicial custody for the offences under Section 174 of Cr.P.C altered into Sections 302,364, 201 of Indian Penal Code-1860 in Crime No.64 of 2018 on the file of the respondent police, seeks bail.

2. The petitioner herein arrayed as A10 in this case. The case of the prosecution is that the petitioner along with other accused kidnapped the deceased and murdered him and put the body in a barrel and throwed him Thenpennai river. Hence, the complaint.

3. The learned counsel for the petitioner submitted that only based on the confession statement given by A1 the petitioner was arrested and remanded to judicial custody. He further submits that the petitioner is no way connected with the alleged offence and he has been in jail from 23.06.2021. Therefore, he prays to grant bail to the petitioner.

4. The learned Government Advocate (Crl.Side) appearing for the respondent submitted that the there is no previous case pending against the petitioner. However, he vehemently opposed for grant of bail to the petitioner.

5. Considering the fact that there is no previous case pending against the petitioner and also taking note of the period of incarceration suffered by 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 the Judicial Magistrate Court No.I, Hosur 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/- 11/08/2021 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, NO.I, HOSUR.

2 THE CHIEF JUDICIAL MAGISTRATE KRISHNAGIRI. [FOR INFORMATION]

3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

4 THE INSPECTOR OF POLCIE, SHOOLAGIRI POLICE STATION, KRISHNAGIRI DISTRICT.

5 THE OFFICER INCHARGE SUB JAIL, HOSUR.

+1 CC to M/S.P.MUTHAMIZH SELVAKUMAR Advocate on payment of necessary charges SR.NO.8414 CRL OP.14107/2021 Date :11/08/2021 TA-12/08/2021