Prakash v. The State Rep By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 26.08.2021
CORAM:
THE HON'BLE MR.JUSTICE M.DHANDAPANI Crl.O.P.No.15363 of 2021 Prakash, M/a 24 years, S/o.Ganesan ... Petitioner Vs.
The State rep. by The Inspector of Police, Peralam Police Station, Tiruvarur District.
(Crime No.856 of 2021) ... Respondent 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.856 of 2021 on the file of the respondent police.
For Petitioner : Mr.R.Baskar For Respondent : Mr.A.Gopinath Government Advocate (Crl.Side)
ORDER
The petitioner who was arrested on 28.07.2021 and remanded to judicial custody for the offences under Sections 147, 294(b) and 306 of IPC, in Crime No.856 of 2021 on the file of the respondent police, seeks bail.
2. The case of the prosecution is that the deceased had love affair with one Vicky Saravanan and the same was objected by the petitioner and his friends. Further, the petitioner along with other accused persons had threatened the deceased, due to which, she committed suicide by self immolation..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 28.07.2021. Hence, he prays for grant of bail to the petitioner.
4. The learned Government Advocate (Crl.Side) appearing for the respondent submitted that there is no previous case pending as against the petitioner. He further submits that co-accused had already been released on bail by this Court in Crl.O.P.No.14918 of 2021 dated 23.08.2021. 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 pending 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 the learned Judicial Magistrate, Nannilam, 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/- 26/08/2021 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, NANNILAM.
2 THE CHIEF JUDICIAL MAGISTRATE THIRUVARUR [FOR INFORMATION].
3 THE INSPECTOR OF POLICE, PERALAM POLICE STATION, THIRUVARUR DISTRICT.
4 THE OFFICER INCHARGE DISTRICT JAIL, NAGAPATTINAM.
5 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
+1 CC to M/S.R.BASKAR Advocate on payment of necessary charges SR.NO. 9137 CRL OP.15363/2021 Date :26/08/2021 JPA 27/08/2021