← Library
Madras High CourtCRL OP/23333/2022granted

Moorthi v. State Rep By

2022-09-27Honourable Mr Justice A.D.Jagadish Chandira6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 27.09.2022

CORAM

THE HON'BLE MR. JUSTICE A.D.JAGADISH CHANDIRA Moorthi ... Petitioner Vs.

The State represented by, The Inspector of Police, Berigai Police Station, Krishnagiri District.

Crime No.92 of 2022 ... Respondent PRAYER: Criminal Original Petition filed under Section 439 of Cr.P.C., pleased to release the petitioner on bail pending investigation in Crime No.92 of 2022 on the file of the respondent police. For Petitioner : Mr.M.P.Saravanan For Respondent : Mr.C.E.Pratap Government Advocate (Crl. Side) 1/6

O R D E R

The petitioner, who was arrested and remanded to judicial custody on 26.07.2022 for the offences punishable under Section 302 of IPC, in Crime No.92 of 2022, on the file of the respondent police, seeks bail.

2. The case of the prosecution is that due to a land dispute, the petitioner along with the other accused committed murder of the victim by attacking him with wooden logs and stones. Hence, the complaint.

3. The learned counsel appearing for the petitioner would submit that the petitioner is arrayed as A6 in this case and the allegations as against the petitioner is that due a land dispute, the petitioner along with the other accused had committed the murder of the deceased. He would also submit that the overt act attributed as against the petitioner is that he has waylaid the deceased and other than that there is no allegation as against him. He would further submit that the co-accused, who has been similarly placed in this case, has been granted bail by this Court in Crl.O.P.No.23239 of 2022 on 26.09.2022. Therefore, he prays for grant of bail to the petitioner.

4. The learned Government Advocate (Crl. Side) appearing for the 2/6

respondent would submit that as far as this petitioner is concerned, he has waylaid the deceased and accompanied the other accused to commit the murder of the deceased by assaulting him with wooden logs and stones. He would also reiterate that the co-accused, who has been similarly placed in this case, has been granted bail by this Court on 26.09.2022. However, he vehemently opposed to grant bail to the petitioner.

5. Heard both the learned counsel and perused the materials available on record.

6. Taking into consideration of the facts and circumstances of the case, the submissions made by the learned counsel and also the period of incarceration suffered by the petitioner and also the fact that the co-accused, who has been similarly placed in this case, has been granted bail by this Court in Crl.O.P.No.23239 of 2022 on 26.09.2022, this Court is inclined to grant bail to the petitioner.

7. Accordingly, the petitioner is ordered to be released on bail on his executing a bond for a sum of Rs.25,000/- (Rupees Twenty Five 3/6

Thousand only) with two sureties, each for a like sum to the satisfaction of the learned District Munsif cum Judicial Magistrate, Denkanikottai, 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 petitioner shall stay at Chennai and report before the Inspector of Police, Flower Bazaar Police Station, Chennai, daily at 10.30 a.m., until further orders;

[c] the petitioner shall not abscond either during investigation or trial;

[d] the petitioner 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 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];

4/6

[f] If the accused thereafter abscond, a fresh FIR can be registered under Section 229A IPC.

27.09.2022 rgi To

1. The District Munsif cum Judicial Magistrate, Denkanikottai.

2. The Inspector of Police, Berigai Police Station, Krishnagiri District.

3. The Superintendent, Central Prison, Salem.

4. The Public Prosecutor, High Court of Madras.

A.D.JAGADISH CHANDIRA., J.

rgi 5/6

27.09.2022 6/6