← Library
Madras High CourtCRL OP/15180/2023granted

M.Ravi Ragul v. State Rep.By

2023-07-10Honourable Mr Justice G. Chandrasekharan6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :10.07.2023

CORAM

THE HON'BLE MR. JUSTICE G.CHANDRASEKHARAN 1.Ravi Ragul 2.M.Yugesh Gokul ..Petitioners Vs.

State Rep by its, Inspector of Police, Perur Police Station, Coimbatore District.

Crime.No.86 of 2023 ...Respondent. PRAYER:

Criminal Original Petition is filed under Section 439 of Cr.P.C. praying to enlarge the petitioners on bail in Crime No.86 of 2023 on the file of the Inspector of Police, Perur Police Station, Coimbatore. For Petitioners : M/s.K.R.Samratt for Mr.H.Rajasekar For Respondent : Mr. Leonard Arul Joseph Selvam Government Advocate (Crl. Side) 1/6

ORDER

The petitioners, who were arrested and remanded to judicial custody on 14.05.2023 for the offence punishable under Sections 294(b), 324 and 302 of IPC subsequently altered to Sections 294(b), 324 and 306 of IPC on the file of the respondent police seeks bail.

2. The learned counsel for the petitioners submitted that, petitioners father is running a petty shop. The deceased used to buy on credit basis. On the date of incident, deceased wanted some things, but the same was refused for the reason that, he did not pay for earlier purchase. Then the deceased said to have scolded the father of the petitioners. Subsequently, deceased fell into the Channel and he was rescued by the petitioners. Later, deceased said to have consumed poison and died. For which, petitioners are no way responsible. He further submitted that, petitioners are in Judicial Custody from 14.05.2023. Thus, he seeks for grant of bail to the petitioners.

3. In response, learned Government Advocate (Crl. Side) 2/6

submitted that, petitioners had scolded, abused and beaten the deceased and also pushed him into the stream at about 08.30.p.m., on 13.05.2023. Later, the deceased came out of the stream and went to the farm and consumed poison and died. Originally the FIR was registered for the offence under Sections 294(b), 324 and 302 of IPC, subsequently in the course of investigation it was altered to Sections 294(b), 324 and 306 of IPC. He further submitted that, investigation in this case is almost completed and final report will be filed soon.

4. Considering the nature, facts and circumstances of the case and the allegations made against the petitioners and the fact that the deceased had consumed poison and that caused the death and also the fact that petitioners are in Judicial Custody from 14.05.2023 and the investigation in this case is almost completed, this Court is inclined to grant bail to the petitioners.

5. Accordingly, the petitioners are ordered to be released on bail on their executing separate bond for a sum of Rs.25,000/- (Rupees Twenty Five thousand only) with two sureties, each for a like sum to the 3/6

satisfaction of the Judicial Magistrate -I, Coimbatore 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 4/6

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. 10.07.2023 Sma To

1. Judicial Magistrate No.I, Coimbatore.

2.Inspector of Police, Perur Police Station, Coimbatore District.

3. Central Prison, Coimbatore.

4.The Public Prosecutor, High Court of Madras 5/6

G.CHANDRASEKHARAN. J.

Sma Crl.O.P.No.15180 of 2023 10.07.2023 6/6