Kasinathan v. The State Repby
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 01.11.2021
CORAM:
THE HON'BLE MR.JUSTICE M.DHANDAPANI Crl.O.P.No.20600 of 2021 Kasinathan ... Petitioner Vs.
State Rep. by The Inspector of Police, Udayarpalayam Police Station, Ariyalur District.
(Crime No.419 of 2021) ... Respondent PRAYER: Criminal Original Petition has been filed under Section 439 of Cr.P.C, prayed to enlarge the petitioner on bail pending investigation in Crime No.419 of 2021 on the file of the respondent police. For Petitioner : Mr.K.Gandhi Kumar For Respondent : Mr.A.Gopinath Government Advocate (Crl.Side)
ORDER
The petitioner, who was arrested on 26.09.2021 and remanded to judicial custody for the offences under Sections 174 Cr.P.C @ 306 of IPC in Crime No.419 of 2021 on the file of the respondent police, seeks bail.
2. The case of the prosecution is that the deceased had borrowed money from the first accused through the second accused and the same was handed over to one Senthil. Thereafter, the said Senthil was absconded. Further, the petitioner along with other accused had asked the money and harassed the deceased, due to which, the deceased had consumed poison, he died. Hence, the complaint.
3. The learned counsel for the petitioner submitted that the petitioner is in no way connected with the alleged offence and he has been falsely implicated in this case. Therefore, he prays to grant bail to the petitioner.
4. The learned Government Advocate (Crl.Side) appearing for the respondent submitted that there is no previous case pending against the petitioner and the investigation is pending. Hence, he vehemently opposed for grant of bail to the petitioner.
5. Considering the period of incarceration suffered by the petitioner and there is no previous case pending against the petitioner and there is no specific overt act has been attributed against this 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.II, Jayamkondam, 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. until further orders;
(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/- 01/11/2021 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, JAYAMKONDAM.
2 THE CHIEF JUDICIAL MAGISTRATE, ARIYALUR DISTRICT (FOR INFORMATION).
3 THE INSPECTOR OF POLICE, UDAYARPALAYAM POLICE STATION, ARIYALUR DISTRICT.
4 THE PUBLIC PROSECUTOR, HIGH COURT, MADRAS.
5 THE SUPERINTENDENT, CENTRAL PRISON, TRICHY.
+1 CC to M/S.K.GANDHI KUMAR Advocate on payment of necessary charges SR.NO.12290 CRL OP.20600/2021 Date :01/11/2021 INBA-01/11/2021