Harish v. State By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 12.09.2023

CORAM

THE HON'BLE MR. JUSTICE G.CHANDRASEKHARAN Harish

...Petitioner

Vs.

The State Rep by Inspector of Police, Thally Police Station, Krishnagiri District.

(Crime No.153 of 2023) ...Respondent. PRAYER:

Criminal Original Petition is filed under Section 439 of Cr.P.C. praying to enlarge the petitioner on bail in connection with the case in Crime No.153 of 2023 pending investigation on the file of the respondent Police.

For Petitioner : Mr.P.M.Jayachandran For Respondent : Mr.S.Rajakumar Additional Public Prosecutor 1/6

ORDER

The petitioner, who was arrested and remanded to judicial custody on 19.06.2023 for the offences punishable under Sections 147, 148, 448, 294(b), 324, 307 and 302 of IPC in Crime No.153 of 2023 on the file of the respondent police, seeks bail.

2. Learned counsel for the petitioner submitted that, petitioner is falsely implicated in this case registered in Crime No. 153 of 2023 for the offences under Sections 147, 148, 448, 294(b), 324, 307, 302 of IPC. Petitioner's name is not found in the FIR. Petitioner is in Judicial Custody from 19.06.2023. Thus, he prays for grant of bail to the petitioner.

3. Learned Additional Public Prosecutor submitted that, first accused and deceased are sons of same father through different mothers. They have property dispute for more than five years in connection with 8 cents of land and there were frequent fight between them. On 18.06.2023 at about 09.00 a.m, first accused and his sisters along with some others visited the house of the defacto complainant. At that time, defacto complainant's father and mother were not there, since, they have 2/6

gone to attend funeral. On the same date at about 04.30p.m., accused in this case came to the defacto complainant's house with aruval, cricket stump and wooden logs and abused the defacto complainant's father and his family members and started attacking everyone using aruval and wooden log. As a result, the deceased suffered grievous injuries and died. In the said incident, defacto complainant, his mother and brother had also sustained injuries.

4. Considering the fact that the petitioner is in Judicial Custody from 19.06.2023 and that substantial part of the investigation might have been over by this time, this Court is inclined to grant bail to the petitioner.

5. 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 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 3/6

Bank pass Book to ensure their identity.

[b] the petitioner shall report before the respondent Police daily at 10.00.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]. [f] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.

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12.09.2023 Sma/dpa To

1. District Munsif cum Judicial Magistrate, Denkanikottai 2.Inspector of Police, Thally Police Station, Krishnagiri District.

3.Central Jail, Salem.

4.The Public Prosecutor, High Court of Madras G.CHANDRASEKHARAN.

J.

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Sma/dpa 12.09.2023 6/6