Murugan v. State Rep By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 10.12.2021
CORAM:
THE HON'BLE MRS.JUSTICE T.V.THAMILSELVI Crl.O.P.No.23943 of 2021 Murugan ... Petitioner Vs.
The State represented by
...Respondent
Inspector of Police Karimangalam Police Station, Palacode Dharmapuri District, Crime No.576 of 2021.
PRAYER: Criminal Original Petition has been filed under Section 439 of Cr.P.C praying to enlarge the petitioner on bail in connection with the case in Crime No.576 of 2021 on the file of the Inspector of Police, Karimangalam Police Station, Dharmapuri District. . For Petitioner : Mr.C.Prabakaran For Respondent : Mr.N.S.Suganthan Government Advocate (Crl. Side)
ORDER
(The case has been heard through video conference) The petitioner who was arrested and remanded to judicial custody on 13.11.2021 for the offence under Section 304(ii) of IPC, in Crime No.576 of 2021, on the file of the respondent police, seeks bail.
2. The case of the prosecution is that de facto complainant's mother-in-law namely Thottiammal, aged about 65 years, went to her relative's house in the neighbouring village and when she was nearing the petitioner's house, she stepped on the live electric wire which ran on the pathway, connected by the petitioner to his old house to new house for construction purpose. Due to the said Electrocution, she was sustained injuries and immediately she was taken to hospital but it was reported brought dead. Hence, the complaint.
3. The learned counsel for the petitioner would submit that the petitioner has not committed any offence as alleged by the prosecution. He would submit that the petitioner has no motive to
kill the deceased and he has been suffering incarceration for more than 25 days from 13.11.2021. Hence he prays for grant of bail to the petitioner.
4. The learned Government Advocate (Crl. Side) raised objection stating that petitioner is the sole accused and when the petitioner had changed his electricity connection from old house to new house, the deceased stepped on the live electric wire which ran on the pathway due to which, she got electrocuted and died. He would further submit that the investigation is almost completed.
5. Considering the fact that the investigation is almost completed and also considering the period of incarceration undergone by the 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, Palacode, Dharmapuri District, 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 report before the respondent police on every Sunday 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.
7. As per FIR, the deceased died due to electrocution and thereby, petitioner has been charged for the offence under Section 304(ii) IPC. On seeing the pathetic condition of the old lady who died without no false, this Court recommends that it is a fit case to refer, as per 357(A) (1)(2) and (6) of Victim Compensation Scheme. The Legal Services Authority, Dharmapuri District, is hereby directed to pay a sum of Rs.75,000/- (Rupees Seventy Five Thousand Only) as interim compensation to the legal heirs of the deceased, in the manner known to law within a period of 4 weeks from the date of receipt of copy of this order.
8. With the above directions, this Criminal Original Petition is ordered.
-sd/- 10/12/2021 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, PALACODE, DHARMAPURI DISTRICT.
2 THE CHIEF JUDICIAL MAGISTRATE DHARMAPURI. [FOR INFORMATION] 3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
4 THE INSPECTOR OF POLICE, KARIMANGALAM POLICE STATION, PALACODE, DHARMAPURI DISTRICT 5 THE OFFICER INCHARGE DISTRICT JAIL, DHARMAPURI.
COPY TO THE CHAIRMAN LEGAL SERVICES AUTHORITY, DHARMAPURI DISTRICT.
THE SECRETARY LEGAL SERVICES AUTHORITY, DHARMAPURI DISTRICT THE LEGAL SERVICES AUTHORITY, DHARMAPURI +1 CC to M/S C.PRABAKARAN Advocate on payment of necessary charges SR.NO.14513 CRL OP.23943/2021 Date :10/12/2021 TA-10/12/2021