Ajithkumar v. The State Rep By Its,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 15.07.2022
CORAM
THE HON'BLE MR. JUSTICE G.K.ILANTHIRAIYAN
1. Ajithkumar
2. Alexpandian ..Petitioners Vs.
The State rep by its The Inspector of Police, Varanjaram Police Station, Kallakurichi District Crime No.53 of 2022 ..Respondent PRAYER:
Criminal Original Petition is filed under Section 439 of Cr.P.C. praying to enlarge the petitioners on bail in crime No.53 of 2022 on the file of the respondent police.
For Petitioners : Mr.A.M.Rahamath Ali For Respondent : Mr.A.Damodaran, Additional Public Prosecutor 1/6
ORDER
The petitioners, who were arrested and remanded to judicial custody on 26.05.2022 for the offence punishable under Sections 147, 148, 296(b), 427, 449, 341, 302 of IPC in crime No.53 of 2022 on the file of the respondent police, seeks bail.
2. It is the case of the prosecution that on 26.05.2020 at about 7.30 p.m., the deceased parked his Tata Ace vehicle bearing registration No.TN16 B 1272 in front of his shop, at that time A1 came in his two wheeler and dashed against the deceased's vehicle and when the same was questioned by the deceased, there was a wordy quarrel arose between them. On the said day at about 8.00 p.m., again the petitioners along with other accused persons trespassed the defacto complainant's home, abused in filthy language and dragged on the deceased. Thereafter, A1 attacked the deceased with knife on his right thigh and A2 to A5 indiscriminately attacked the deceased by kicking his chest, by which he fainted, pursuant to which he was taken to Government Hospital, Kallakurichi and there, the doctor declared him dead. Hence, the case.
3. The learned counsel appearing for the petitioners would 2/6
submit that the petitioners are falsely implicated in this case. He further submitted that co-accused had been granted bail. Hence, he prays to grant bail to the petitioners.
4.The learned Additional Public Prosecutor appearing for the respondent police submitted that on the occurrence day, the petitioners along with other accused persons trespassed into the defacto complainant's house and A1 attacked with knife, due to which he sustained grievous injuries and died. Hence, he opposed for grant of bail to the petitioners.
5. Considering the above facts and circumstances of the case and also considering the period of incarceration by the petitioners, this Court is inclined to grant bail to the petitioners.
6. Accordingly, the petitioners are ordered to be released on bail on their executing separate bond for a sum of Rs.10,000/- (Rupees ten thousand only) with two blood related sureties, each for a like sum 3/6
to the satisfaction of the learned Judicial Magistrate No.I, Kallakurichi 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 petitioners shall report before the respondent police daily at 10.30 a.m. and 05.30 p.m. until further orders. [c] the petitioners shall not abscond either during investigation or trial.
[d] the petitioners 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 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].
[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.
15.07.2022 Sma To 4/6
1.The learned Judicial Magistrate No.I, Kallakurichi.
2.The Inspector of Police, Varanjaram Police Station, Kallakurichi District.
3.Central Prison, Cuddalore.
4.The Public Prosecutor, High Court of Madras 5/6
G.K.ILANTHIRAIYAN, J.
Sma Crl.O.P.No.16482 of 2022 15.07.2022 6/6