Vengadachalam v. The State Represented By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 04.08.2022

CORAM

THE HON'BLE MR. JUSTICE G.K.ILANTHIRAIYAN

1. Vengadachalam

2. Amulu

3. Banumathi

4. Dhanam

...Petitioners

Vs.

The State rep by The Inspector of Police, Veeranam Police Station, Salem City.

Crime No.225 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.225 of 2022 on the file of the respondent police.

For Petitioners : Mr.J.Franklin For Respondent : Mr.A.Damodaran, Additional Public Prosecutor 1/6

ORDER

The petitioners, who were arrested and remanded to judicial custody on 02.07.2022 for the offences under Sections 294(b), 323, 324 and 506(ii) of IPC @ Section 294(b), 323, 324 and 302 of IPC Act in crime No.225 of 2022 on the file of the respondent police, seeks bail. 2.The case of the prosecution is that, the petitioners and the deceased are relatives. It is alleged that there was a dispute in sharing the property. On the date of occurrence, the petitioners had attacked the deceased with bamboo sticks and also abused in filthy language. Hence, the case.

3.The learned counsel appearing for the petitioners submits that the petitioners are innocent persons and they have not committed any such offence as alleged by the prosecution. That apart, the petitioners were arrested and remanded to judicial custody on 02.07.2022. Hence, he prays for grant of bail to the petitioners.

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4.The learned Additional Public Prosecutor submits that initially the case was registered under Sections 294(b), 323, 324 and 506(ii) of IPC and subsequently the deceased was died due to the massive heartattack and hence, the sections were altered into 323, 324 and 302 of IPC Hence, he opposed to grant bail to the petitioners.

5. Considering the facts and circumstances of the case and also considering the period of incarceration undergone by the petitioners ie., from 02.07.2022, this Court is inclined to grant bail to the petitioners.

6. Accordingly, the petitioners are ordered to be released on bail on their executing a bond for a sum of Rs.10,000/- (Rupees ten thousand only) with two blood sureties, each for a like sum to the satisfaction of the learned Judicial Magistrate, No.IV, 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. 3/6

[b] the first petitioner shall report before the respondent police daily at 10.30.a.m., for a period of four weeks and other petitioners shall report before the respondent police as and when required.

[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.

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To:

1. Judicial Magistrate, No.IV, Salem.

2. The Inspector of Police, Veeranam Police Station, Salem City.

3. Central Prison, Salem.

4. Sub Jail for Women, Salem.

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

G.K.ILANTHIRAIYAN, J.

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