Manimuthu v. State Rep By,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 04.11.2020 CORAM :
THE HON'BLE MR. JUSTICE A.D.JAGADISH CHANDIRA CRL.O.P.No.17332 of 2020 Manimuthu ... Petitioner Vs.
Inspector of Police, J-4 Kotturpuram Police Station, Chennai (Crime No.988 of 2020) ... Respondent PRAYER: Criminal Original Petition filed under Section 439 of Criminal Procedure Code to enlarge the petitioner on bail pertaining to Crime No.988 of 2020 pending investigation on the file of the respondent Police.
For Petitioner : Mr.Raheemuddeen For Respondent : Mr.T.Shunmugarajeswaran Government Advocate (Crl. Side)
O R D E R
(The cases have been heard through video conference) The petitioner, who was arrested and remanded to judicial custody on 30.09.2020 for the offences punishable under Section 147, 302 r/w 120(B) of the Indian Penal Code, 1860, subsequently the First Information Report was altered for the alleged offence under Section 174 of Cr.P.C., 120(B), 147, 302, 34 of IPC in Crime No.988 of 2020 on the file of the respondent police, seeks bail. 2.The case of the prosecution as per the defacto complainant is that on 08.09.2020 at about 10.15 p.m. he was informed that his son had been assaulted by the accused persons. When he rushed to the spot, he found his son lying on the floor.
Since, the victim was also found in an inebriated state, the defacto complainant had taken him to his house with the help of his friends where he had vomited once in the night. Thereafter, in the morning, the victim did not wake up from his sleep and when the doctor was called to give medical aid, the defacto complainant was informed that his son had already died.
lying, the accused have also trampled and kicked him on his stomach and chest. Originally, the case was registered for the offence under Section 174 Cr.P.C. and later it was altered into Section 302 IPC. 3.The learned counsel appearing for the petitioner would submit that the petitioner is an innocent and he has not committed any offence as alleged by the prosecution. He would further submit that the name of the petitioner does not find place in the FIR and he has been falsely implicated in this case since he happens to be the friend of the main accused. He would further submit that the CCTV footages in and around the area, would show that the petitioner has not involved in this case. He would submit that the co-accused in this case have been granted bail in Crl.O.P.No.16832 of 2020 on 28.10.2020 and in Crl.O.P.No.17146 of 2020 dated 03.
11.2020. Hence, he prays for grant of bail to the petitioner. 4.The learned Government Advocate (Crl. Side) appearing for the respondent would vehemently oppose stating that due to previous enmity, the petitioner along with other accused pushed the deceased due to which he fell down and sustained injury on his head and when he was lying down, the accused have also trampled him on his stomach and chest, due to which, the victim died. He would further submit that the investigation has been completed and the charge sheet has been filed and the same has been taken on file in P.R.C.No.47 of 2020 on the file of the IX Metropolitan Magistrate, Saidapet, Chennai.
5. Taking into consideration the above facts and circumstances of the case and the submissions made by the learned Counsels and also considering the fact that the investigation has been completed and the final report has also been filed and that the co-accused in this case have been granted bail by this Court and also considering the period of incarceration suffered by the petitioner from 30.09.2020, this Court is inclined to grant bail to the petitioner subject to the following conditions:
(a) Accordingly, the petitioner is ordered to be released on bail on condition to execute a separate 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 IX Metropolitan Magistrate, Saidapet, Chennai-15, and on further conditions that;
(b) the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the learned Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity; (c) the petitioner on his release from prison, shall report before the IX Metropolitan Magistrate, Saidapet, Chennai-15, everyday at 10.30 a.m. until further orders.
(d) the petitioner shall not commit any offences of similar nature;
(e) the petitioner shall not abscond either during investigation or trial;
(f) the petitioner shall not tamper with evidence or witness either during investigation or trial;
(g) on breach of any of the aforesaid conditions, the learned Judicial 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];
(h) if the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.
6. With the above directions, this Criminal Original Petition is ordered.
-sd/- 04/11/2020 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 METROPOLITAN MAGISTRATE NO.IX, SAIDAPET, CHENNAI-600 015.
2 THE CHIEF METROPOLITAN MAGISTRATE, EGMORE, CHENNAI [FOR INFORMATION] 3 THE SUPERINTENDENT, CENTRAL JAIL, PUZHAL.
4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
5 THE INSPECTOR OF POLICE, J-4, KOTTURPURAM POLICE STATION, CHENNAI.
+1 CC to M/S.RAHEEMUDDEEN Advocate on payment of necessary charges SR.No.7245 CRL OP.17332/2020 Date :04/11/2020 cs 05/11/2020