Venugopal v. The State Rep.By Its
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 13.09.2021
CORAM:
THE HON'BLE MR.JUSTICE M.DHANDAPANI Crl.O.P.No.14783 of 2021 Venugopal ... Petitioner Vs.
The State Rep by ... Respondent S.H.O.,Portonovo Police Station, Cuddalore.
(Crime No.149 of 2021) PRAYER: Criminal Original Petition has been filed under Section 439 of Cr.P.C, prayed to enlarge the petitioner on bail pending investigation in Crime No.149 of 2021 on the file of the respondent police.
For Petitioner : M/s Ramadas For Respondent : Mr.A.Gopinath Government Advocate (Crl.Side)
ORDER
The petitioner who was arrested on 09.07.2021 and remanded to judicial custody for the offences under Sections 302 of IPC in Crime No.149 of 2021 on the file of the respondent police, seeks bail.
2. Totally there were three accused in this case and the petitioner herein arrayed as A1. The case of the prosecution is that the deceased in a drunken mood travelled in a bus from Cuddalore to Chidambaram and picked up quarrel with the petitioner, due to which there was altercation between them and the petitioner attacked the deceased on his nose and chest and caused his death. Based on the complaint given by the wife of the deceased the law enforcing agency registered a case against the petitioner.
3. The learned counsel for the petitioner submitted that the petitioner is an innocent person and he is no way connected with the alleged offences and he has been falsely implicated in this case. He further submits that the petitioner has been jail from 09.07.2021. Hence he prays for grant of bail to the petitioner.
4. The learned Government Advocate (Crl.Side) submitted that due to a wordy quarrel between the petitioner and the deceased, the petitioner attacked and murdered the deceased. Hence, the learned Government Advocate opposed for grant of bail to the petitioner.
5. Considering the submissions made by the petitioner and also considering 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 learned District Munsif-cum-Judicial Magistrate, Portonovo, 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/- 13/09/2021 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 DISTRICT MUNSIF CUM JUDICIAL MAGISTRATE, PROTONOVO, CUDDALORE DISTRICT.
2 THE CHIEF JUDICIAL MAGISTRATE, CUDDALORE DISTRICT (FOR INFORMATION).
3 THE PUBLIC PROSECUTOR, HIGH COURT, MADRAS.
4 THE INSPECTOR OF POLICE, S.H.O., PORTONOVO POLICE STATION, CUDDALORE.
5 THE SUPERINTENDENT, CENTRAL PRISON, CUDDALORE.
+1 CC to M/S.D.PADMANABHAN Advocate on payment of necessary charges SR.NO.9893 CRL OP.14783/2021 Date :13/09/2021 INBA 14/09/2021