Arumugam v. State Rep By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 14.12.2021
CORAM:
THE HON'BLE MRS.JUSTICE T.V.THAMILSELVI Crl.O.P.No.24354 of 2021 ARUMUGAM .. Petitioner Vs.
State Rep. by The Inspector of Police, Melchengam Police Station Thiruvannamalai District
...Respondent
PRAYER: Criminal Original Petition has been filed under Section 439 of Cr.P.C praying to enlarge the petitioner on bail in Crime No.412 of 2021 pending investigation on the file of the respondent police. For Petitioner : Mr.E.Kannadasan 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 20.09.2021 for the offences under Section 174 of Cr.P.C. and subsequently altered into Sections 120(B), 302 of IPC, in Crime No.412 of 2021, on the file of the respondent police, seeks bail.
2. The case of the prosecution is that the defacto complainant is the mother of the deceased. On 17.09.2021, the defacto complainant's elder son/the deceased went to his job as usual. Later he did not return home. Next day i.e. 18.09.2021, she received an information that a male body was found in the land of one Ramanathan. On receipt of the same, she went and identified that it was her son's dead body. Initially, the case was registered under Section 174 Cr.P.C. Later on investigation, it was found that for the past 3 years, the petitioner was having illicit intimacy with the wife of the deceased. On knowing the same, the deceased warned her. Hence, the petitioner and the wife of the deceased conspired together to do away the deceased. On 17.09.2021 at about 9 a.m., the petitioner called the deceased to Karumangulam Erikarai for consuming Alcohol and while they were consuming alcohol, there was a wordy quarrel between them with regard to the illegal relationship of the petitioner during which, the petitioner strangulated the deceased and
attacked him with Panaimattai on the back side of his head and pulled him on the floor due to which, the deceased died on the spot. Hence, the case was altered as stated above.
3.The learned counsel for the petitioner would submit that this is the second application for bail and the earlier application was dismissed by this Court in Crl.O.P.No.21897 of 2021 by order dated 24.11.2021 on the ground that the investigation was not completed. He would submit that the petitioner has not committed any offence as alleged by the prosecution and he has been falsely implicated in this case and that he has been suffering incarceration for more than 85 days from 20.09.2021. Hence, he would pray for grant of bail to the petitioner.
4.The learned Government Advocate (Crl. Side) would raise objection stating that the petitioner is arrayed as A1 and he is the paramour of A2 who is the wife of the deceased but admits that the investigation is almost completed and A2 has been granted bail.
5. Considering the facts and circumstances of the case and 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, Chengam , 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 Trichy and report before the Town Police Station on every Tuesday and 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.
-sd/- 14/12/2021 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, CHENGAM 2 THE CHIEF JUDICIAL MAGISTRATE TIRUVANNAMALAI(FOR INFORMATION) 3 INSPECTOR OF POLICE, MELCHENGAM POLICE STATION, TIRUVANNAMALAI DISTRICT.
4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
5 THE SUPERINTENDENT, CENTRAL PRISON, VELLORE 6 THE INSPECTOR OF POLICE, TRICHY TOWN POLICE STATION, TRICHY CC to M/S. E.KANNADASAN Advocate on payment of necessary charges Sr.14708 CRL OP.24354/2021 Date :14/12/2021 RVR 14/12/2021