Ramachandiran @ Pandi v. Iop, Salem

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 12.12.2023

CORAM

THE HON'BLE MR. JUSTICE C.V.KARTHIKEYAN 1.Ramachandiran @ Pandi 2.Ananthbabu @ Kutty

...Petitioners/Accused-1 & 2

Vs.

State represented by The Inspector of Police, Pallapatty Police Station, Salem District.

(Crime No.1141 of 2023)

...Respondent

Prayer:

Criminal Original Petition filed under Section 439 of Cr.P.C. praying to enlarge the petitioner on bail concerned in Crime No.1141 of 2023 on the file of the respondent police on such terms and conditions. For Petitioner : Mr.Camyles Gandhi For Respondent : Mr.R.Kishore Kumar Government Advocate (Crl. Side) 1/6

ORDER

The petitioners/A1 and A2 seek bail in Crime No.1141 of 2023, originally registered under Sections 174 Cr.P.C., and subsequently, altered to Sections 147, 148, 323, 324 & 306 of IPC, The petitioners had been remanded to judicial custody on 02.11.2023. 2.It is the case of the prosecution that the deceased, son of the defacto complainant had lost his previous job and was working in the 1st petitioner/A1 Fish shop. On 01.11.2023, it is stated that he was taken away and he was necessarily scolded. It was complained that he had spoken derogatorily about the wife of A1. That being the motive, all the accused had joined together and had in turn, scolded and abused him. Aggrieved by the same, it is stated that he had committed suicide. When he was called upon for enquiry by the Sooramangalm Police Station, wherein, the petitioners herein had given a complaint against the deceased.

3.Taking all the factors into consideration and that which was the 2/6

result of an earlier act of the deceased in speaking about the wife of A1, I am inclined to grant bail to the petitioners herein subject to the following conditions:

4.Accordingly, the petitioners are ordered to be released on bail on condition to execute separate bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) each with two sureties, each for a like sum to the satisfaction of the Judicial Magistrate - II, Salem, 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 petitioners shall report before the respondent police everyday at 10.30 a.m., until further orders. [c] the petitioners shall not abscond either during investigation or trial.

[d] the petitioners shall not tamper with evidence or witness either 3/6

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 petitioners in accordance with law as if the conditions have been imposed and the petitioners 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.

12.12.2023 (1/2) ata 4/6

To

1. The Judicial Magistrate-II, Salem.

2. The Central Prison, Salem.

3.The Inspector of Police, Pallapatty Police Station, Salem District.

4.The Public Prosecutor, High Court of Madras.

5/6

C.V.KARTHIKEYAN.

J.

ata Crl.O.P.Nos.27316 & 27792 of 2023 12.12.2023 (1/2) 6/6