Madras High CourtCRL OP/17012/2021granted

Brindha v. The State Rep By

2021-09-17Honourable Mr Justice M.Dhandapani3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 17.09.2021

CORAM

THE HONOURABLE MR. JUSTICE M.DHANDAPANI Crl.O.P.No.17012 of 2021 Brindha ... Petitioner

Versus

State represented by The Inspector of Police, Velampalayam Police Station, Tiruppur city, Tiruppur District.

(Crime No.1412 of 2021) ... Respondent PRAYER: Criminal Original Petition filed under Section 439 of the Code of Criminal Procedure, to release the petitioner on bail pending investigation in Crime No.1412 of 2021 on the file of the respondent. For Petitioner : Mr.C.S.Saravanan For Respondent : Mr.A.Gopinath Government Advocate (Crl. Side)

ORDER

The petitioner who was arrested on 04.08.2021 and remanded to judicial custody for the offences under Sections 294(b), 323,325,427 and 302 of IPC in Crime No.1412 of 2021 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that the defacto complainant married one Mayangathal and due to difference of opinion she went to her parental home. Thereafter, the defacto complainant married one Sakunthala, and she passed away nine years ago and the deceased/first wife of the defacto complainant/ Mayangathal started to live with the defacto complainant. Due to the wedlock between the defacto complainant and the said Sakunthala they have two sons by name Karthick and Saravanakumar. The petitioner herein married the elder son karthick and the younger son Saravanakumar fell in love with the sister of the petitioner, due to which there was a dispute in the

family and the petitioner herein along with other accused pushed the deceased and thereby the deceased sustained severe head injuries and died. 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 04.08.2021. Hence, he prays for grant of bail to the petitioner.

4. The learned Government Advocate (Crl.Side) submits that the investigation was completed and there is no previous case as against the petitioner. Hence, he vehemently opposed for grant of bail to the petitioner.

5. Considering the facts and circumstances of the case 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 Judicial Magistrate No.III, Tiruppur 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 as and when required for interrogation. (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/- 17/09/2021 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 JUDICIAL MAGISTRATE, NO.III, TIRUPPUR.

2 THE CHIEF JUDICIAL MAGISTRATE TIRUPPUR [FOR INFORMATION].

3 THE INSPECTOR OF POLICE, VELAMPALAYAM POLICE STATION, TIRUPPUR CITYTIRUPPUR DISTRICT.

4 THE SUPERINTENDENT, CENTRAL PRISON (WOMEN), COIMBATORE.

5 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

CC to M/S.C.S.SARAVANAN Advocate on payment of necessary charges CRL OP.17012/2021 Date :17/09/2021 JPA 20/09/2021