A.Alex v. State Rep By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 21.12.2020 CORAM :
THE HON'BLE Mr. JUSTICE A.D.JAGADISH CHANDIRA CRL.O.P.No.20377 of 2020 A.Alex ... Petitioner Vs.
State: Inspector of Police, H-7, I.C.F.Police Station, Chennai.
(Crime No.547 of 2020) ... Respondent Prayer: Criminal Original Petition is filed under Section 439 of Cr.P.C, to enlarge the petitioner on bail in Crime No.547 of 2020 on the file of the respondent police.
For Petitioner : Mr.A.Saranraj For Respondent : Mr.T.Shunmugarajeswaran Government Advocate (Crl.Side)
O R D E R
(The case has been heard through video conference) The petitioner, who was arrested and remanded to judicial custody on 25.08.2020 for the offence punishable under Section 143, 147, 148, 120(B), 302 and 506(2) of IPC, in Crime No.547 of 2020, seeks bail.
2. The case of the prosecution as per the defacto complainant Ravindran who is the relative of the deceased Karunakaran is that on 24.08.2020, one Samanasu, the resident of the locality died and on the same day the accused who had come to attend the funeral, had quarreled with the deceased and thereafter, assaulted him with concrete stone and knives due to which, he succumbed to injuries. 3.The learned counsel appearing for the petitioner would submit that the petitioner is an innocent and he has been falsely implicated in this case since he happens to be the friend of A1 and that the petitioner was not at all present the scene of occurrence. He would further submit that the respondent after completion of investigation have filed charge sheet and the case has been committed to the Court of Sessions in S.C.No.
136 of 2020 on the file of the XVI Additional District Sessions Judge, Chennai. He would further submit that coaccused in this case has been granted bail by this Court vide Crl.O.P.No.18904 of 2020 by order dated 08.12.2020 and that the petitioner has been suffering incarceration for more than 100 days from 25.08.2020.
4.The learned Government Advocate (Crl. Side) appearing for the respondent police would vehemently oppose stating that on the date of occurrence, the petitioner along with other accused had gone to attend a funeral where, they had picked up a quarrel with one Karunakaran, the relative of the defacto complainant in a drunken stage and thereafter, taken the deceased to a secluded place and assaulted him with stone and knives and caused his death. He would submit that the specific allegation against the petitioner is that he is the person who had assaulted the deceased on his neck, face and head. He would further submit that the investigation has been completed and charge sheet has been filed and the case has been committed to the Court of Sessions for trial in S.C.No.136 of 2020 on the file of the XVI Additional District Sessions Judge, Chennai.
5. At this juncutre, the learned Counsel for the petitioner would submit that the petitioner is aged 21 years and there is no other case against the petitione and he would pray that bail may be granted to the petitioner to enable him to defend his case during trial.
6. Taking into consideration, the facts and circumstances of the case and the fact that the investigation has been completed and the case has been committed to the Court of Sessions and co-accused in this case has been granted bail by this Court and also considering the period of incarceration suffered by the petitioner, 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 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 Metropolitan Magistrate-V, Egmore, Chennai, 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 shall appear before the learned XVI Additional District Sessions Judge, Chennai, on all working days 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.
-sd/- 21/12/2020 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 NO.V METROPOLITAN MAGISTRATE, EGMORE, CHENNAI 2 THE CHIEF METROPOLITAN MAGISTRATE, EGMORE, CHENNAI(FOR INFORMATION) 3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
4 THE OFFICER INCHARGE, SUB JAIL, KANCHEEPURAM 5 THE INSPECTOR OF POLICE, H-7 ICF POLICE STATION, CHENNAI 6 XVI ADDITIONAL DISTRICT SESSIONS JUDGE, CHENNAI CC to M/s.A.Saranraj Advocate on payment of necessary charges SR.8524 CRL OP.20377/2020 Date :21/12/2020 RVR 22/12/2020