Murugan v. State Rep.By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 21.06.2023

CORAM

THE HON'BLE MR. JUSTICE A.D.JAGADISH CHANDIRA Murugan ... Petitioner Vs.

The State represented by, The Inspector of Police, Pallapatty Police Station, Salem District.

(Crime No.208 of 2023).

... Respondent PRAYER: Criminal Original Petition filed under Section 439 of Cr.P.C., pleased to grant bail to the petitioner, in Crime No.208 of 2023, pending investigation on the file of the respondent Police. For Petitioner : Mr.T.Saikrishnan For Respondent : Mr.C.E.Pratap Government Advocate (Crl.Side) 1/6

O R D E R

The petitioner, who was arrested and remanded to judicial custody on 16.05.2023, for the offence punishable under Sections 120(b), 147, 148, 294(b), 341, 324 & 302 of IPC, in connection with Crime No.208 of 2023, registered on the file of the respondent, seeks bail.

2. The case of the prosecution as per the de-facto complainant, who is the friend of one Udhayasankar/deceased is that on 15.05.2023, due to the previous enmity, the first accused along with others, who are the hirelings engaged by A1, had indiscriminately assaulted the deceased/victim with knife, due to which, he sustained grievous injuries and died on the same day. Hence the case.

3. Learned Counsel for the petitioner submitted that the petitioner (A3) is an innocent person and he was no way connected with the alleged offence. He further submitted that even the name of the petitioner does not find place in the First Information Report, whereas, he has been implicated in this case, only based on the confession statement recorded from the first accused, the petitioner. He also submitted that other than the alleged 2/6

confession statement recorded from the first accused, no other materials are available to implicate the petitioner in this case. He further submitted that the petitioner is in custody from 16.05.2023 and he is ready to abide by any stringent conditions that may be imposed by this Court. Hence, he prayed to grant bail to the petitioner.

4. Learned Government Advocate (Crl.Side) appearing for the respondent police submitted that due to the previous enmity, the petitioner along with other accused, had abused and assaulted the de-facto complainant's friend with knife, due to which, he sustained grievous injuries and died, without responding to the treatment. He further submitted that there are six accused in this case and the petitioner, who is arrayed as A3, is one of the hirelings of the first accused. He also submitted that investigation in this case is still pending and no previous case is pending against this petitioner. However, he opposed for grant of bail to the petitioner.

5. Heard the learned Counsel for the petitioner and the learned Government Advocate (Crl.Side) for the respondent Police and perused the entire materials available on record.

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6. Taking into consideration the facts and circumstances of the case, the submissions made by the learned counsel on either side and also considering the period of incarceration undergone by this petitioner, this Court is inclined to grant bail to the petitioner with certain condition.

7. 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 Principal Sessions Court, Salem, 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 petitioner shall stay at Tiruchendur and report before the Inspector of Police, Temple Police Station, everyday at 10.30 a.m., until further orders;

[c] the petitioner shall not abscond either during investigation or trial;

[d] the petitioner shall not tamper with evidence or witness either during investigation or trial; [e] On breach of any of the aforesaid conditions, 4/6

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]; [f] If the accused thereafter abscond, a fresh FIR can be registered under Section 229A IPC.

21.06.2023 ham To

1. The Principal Sessions Court, Salem.

2. The Inspector of Police, Pallapatty Police Station, Salem District.

3. The Central Prison, Salem.

4. The Inspector of Police, Temple Police Station, Tiruchendur.

5. The Public Prosecutor, High Court of Madras.

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A.D.JAGADISH CHANDIRA.,J.

ham 21.06.2023 6/6