Ravi v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 29.10.2021

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI Crl.O.P.No.18665 of 2021 Ravi ... Petitioner Vs.

State rep. by The Inspector of Police, Veppanapalli Police Station, Krishnagiri District.

... Respondent Prayer:

Petition filed under Section 439 of Cr.P.C., seeking to enlarge the petitioner on bail concerned in Crime No.174 of 2021 pending investigation on the file of the respondent.

For Petitioner : Mr.E.Kannadasan For Respondent : Mr.A.Gopinath Government Advocate (Crl. Side)

O R D E R

The petitioner who was arrested and remanded to judicial custody on 19.09.2021 for the offence under Sections 302, 147, 148, 341 of I.P.C. in Crime No.174 of 2021 on the file of the respondent police, seeks bail.

2.It is the case of the prosecution that one Jamuna is the daughter - in - law of the deceased in this case. The said Jamuna died in an accident and petition seeking compensation was filed, in which, the parents of the said Jamuna claimed that they are also the legal heirs of Jamuna. Hence, there was dispute inbetween the parents of Jamuna and the deceased. A1 in the case is the brother of Jamuna and due to the said enmity, he along with the other accused is alleged to have committed murder of the deceased. The petitioner is arrayed as A3 and he is alleged to have helped the other accused to escape from the scene of occurrence.

3.The learned counsel appearing for the petitioner would submit that the petitioner has not committed any offence as alleged by the prosecution.

4.The learned Government Advocate (Criminal Side) submitted that there is no previous case as against the petitioner and investigation is pending.

5.Considering the period of incarceration undergone by the petitioner and since there is no specific overtact as against the petitioner, I am inclined to grant bail to the petitioner. 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, of whom, one should be a blood related surety, each for a like sum to the satisfaction of the learned Judicial Magistrate No.II, Krishnagiri 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, daily at 10.30 a.m. for a period of two weeks and thereafter 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 petitioners 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/- 29/10/2021 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.II, KRISHNAGIRI.

2 THE CHIEF JUDICIAL MAGISTRATE KRISHNAGIRI DISTRICT. [FOR INFORMATION] 3 THE SUPERINTENDENT, CENTRAL PRISON, SALEM.

4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

5 THE INSPECTOR OF POLICE, VEPPANAPALLI POLICE STATION, KRISHNAGIRI DISTRICT.

CC to M/S. E.KANNADASAN Advocate on payment of necessary charges CRL OP.18665/2021 Date :29/10/2021 RW 01/11/2021