Gopu @ Gokul v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 19.09.2022

CORAM

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

1. Gopu @ Gokul

2. Manikandan @ Mani ..Petitioners Vs.

State Represented by:

The Inspector of Police, B-3, Kanchi Taluk Police Station, Kanchipuram District.

(Crime No.520 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.520 of 2022 on the file of the respondent police.

For Petitioners : Mr.A.Saranraj For Respondent : Mr.E.Raj Thilak Additional Public Prosecutor

ORDER

The petitioners, who were arrested and remanded to judicial custody on 09.07.2022 for the offence punishable under Sections 302 @ 147, 148, 294(b), 448 & 302 of IPC, in Crime No.520 of 2022 on the file of the respondent police, seek bail.

2. The case of the prosecution is that the defacto complainant's son sustained grievous injuries on head and found dead in his room. Hence, the complaint.

3. The learned counsel for the petitioners would submit that the petitioners are innocent persons and they have not committed any offence as alleged by the prosecution. He would further submit that the co-accused was arrested and released on bail. Hence, he prays for grant of bail to the petitioners.

4. The learned Additional Public Prosecutor appearing for the respondent Police would submit that there are totally 5 accused in this

case, in which the petitioners are arrayed as A2 and A3. These petitioners along with other accused persons consumed alcohol with the deceased and due to previous enmity, there was a wordy quarrel between them. Thereafter, A2 attacked the deceased with the iron rod on his head and A3 was also present in the scene of occurrence. Hence, he vehemently opposed for granting bail to the petitioners.

5. Considering the above facts and circumstances of the case, taking note of the fact that the petitioners are in judicial custody from 09.07.2022, 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 separate bond for a sum of Rs.25,000/- (Rupees Twenty Five thousand only) with two sureties, each for a like sum to the satisfaction of the learned Judicial Magistrate No.II, Kanchipuram 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 learned Judicial Magistrate No.II, Kanchipuram, at 10.30 a.m., everyday without fail, 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 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 abscond, a fresh FIR can be registered under Section 229A IPC.

19.09.2022 mn/gd

G.K.ILANTHIRAIYAN, J.

mn To 1.The Judicial Magistrate No.II, Kanchipuram. 2.The Inspector of Police, B-3, Kanchi Taluk Police Station, Kanchipuram District.

3.The Central Prison, Puzhal.

Chennai.

4.The Public Prosecutor, High Court of Madras 19.09.2022