Rajkumar v. The Inspector Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 25.11.2022
CORAM
THE HON'BLE MR. JUSTICE A.D.JAGADISH CHANDIRA Rajkumar ... Petitioner Vs.
State rep. by the The Inspector of Police, Aalivalam Police Station, Tiruvarur District.
(Crime No.125 of 2022) ... Respondent PRAYER: Criminal Original Petition filed under Section 439 of Cr.P.C., pleased to enlarge the petitioner on bail in Crime No.125 of 2022 pending on the file of the respondent.
For Petitioner : Mr.K.M.Subramaniam For Respondent : Mr.C.E.Pratap Government Advocate (Crl.Side) 1/7
O R D E R
The petitioner, who arrested and remanded to judicial custody on 06.10.2022 for the offences punishable under Sections 294(b), 448, 323, 324 of IPC @ 294(b), 448 & 302 of IPC in Crime No.125 of 2022 on the file of the respondent police, seek bail.
2. The case of the prosecution is that due to the quarrel on account of a road accident, the accused had trespassed into the house of the de-facto complainant and assaulted him with wooden log. Hence, the case.
3. The learned counsel appearing for the petitioner submitted that the petitioner is an innocent person and the occurrence had happened due to a quarrel and the injured was admitted in hospital on 02.10.2022 and later, the victim succumbed injuries died due to improper treatment. He further submitted that the petitioner did not have any intention or motive to commit the murder of the deceased. He also stated that the co-accused in this case have been granted bail by this Court in Crl.O.P.No.28472 of 2022 dated 21.11.2022. Hence, he prays for grant of bail to the petitioner.
4. The learned Government Advocate (Crl.Side) appearing for the 2/7
respondent submitted that due to a quarrel on account of a road accident, the accused had trespassed into the house of the de-facto complainant and assaulted him with wooden log. He further submitted that the victim was admitted in the hospital on 02.10.2022 and later succumbing to injuries died on 27.10.2022. He also stated that as far as this petitioner is concerned, he has got 9 previous cases including the offence under Section 307 IPC. Hence, he vehemently opposed to grant bail to the petitioner.
5. At this juncture the learned counsel for the petitioner submitted that the previous case for the offence under Section 307 IPC was registered during the year 2018 and no case is registered as against the petitioner in recent days. He also submitted that the petitioner is in custody from 06.10.2022 and he is ready to abide by any stringent conditions that may be imposed by this Court. Hence, he seeks for grant of bail to the petitioner.
6. Heard the learned counsel for the petitioner and the learned Government Advocate (Crl.Side) and perused the materials available on record.
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7. Taking into consideration the facts and the circumstances of the case and the submissions made by the learned counsel and also considering the fact that the co-accused have been granted bail, this Court is inclined to grant bail to the petitioner.
8. 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 Judicial Magistrate Court, Thiruthuraipoondi, 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 Tirunelveli and report before the Inspector of Police, Tirunelveli Town Police Station everyday at 10.30 a.m., until further orders.
[c] the petitioner shall not abscond either during investigation or trial.
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[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. 25.11.2022 ham 5/7
To
1. The Judicial Magistrate Court, Thiruthuraipoondi.
2. The Inspector of Police, Aalivalam Police Station, Tiruvarur District.
3. The Central Prison, Tiruchirapalli.
4. The Inspector of Police, Tirunelveli Town Police Station, Tirunelveli.
5. The Public Prosecutor, High Court of Madras.
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A.D.JAGADISH CHANDIRA, J.
ham 25.11.2022 7/7