Valarmathi v. State Rep.By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 11.01.2024

CORAM

THE HON'BLE MR. JUSTICE C.V.KARTHIKEYAN Valarmathi D/o.Chinnusamy

...Petitioner/3rd Accused

Vs.

State represented by The Deputy Superintendent of Police, CBCID - Namakkal, Namakkal District.

(Crime No.2 of 2020) ...Respondent PRAYER:

Criminal Original Petition is filed under Section 439 of Cr.P.C. praying to enlarge the petitioner on bail concerned in Crime No.2 of 2020 pending investigation on the file of the respondent police on such terms and conditions.

For Petitioner : Mr.W.Camyles Gandhi For Respondent : Mr.L.Baskaran Government Advocate (Crl. Side) 1/5

ORDER

The petitioner seeks bail in Crime No.2 of 2020, registered by the respondent police for the offences punishable under Sections 147, 148, 341, 302, 120(B) and 201 of IPC. The petitioner had been taken into custody on 31.10.2023.

2. Though Crime number had been registered in the year 2020, the petitioner had been arrested only on 31.10.2023 and remanded into custody on that day.

3. It is stated that the defacto complainant, servant of the deceased who lodged a complaint by stating that the brother of the deceased and his wife, who are A1 and A2 had approached the deceased and argument taken place over the property dispute. It was witnessed by the defacto complaint and subsequently, A1 and A2 i.e., brother of the deceased and wife of A1 had attacked the deceased with stones and at that time, five other accused arrived and had taken the deceased in a car. He was then presumed that he had died and funeral arrangements were made. But he did not die. Therefore, further offences were committed by suffocating 2/5

and accosting death. They also administered poison injecting it as Glucose. Finally they were able to be successful in the murder. The petitioner had been taken into custody on 31.10.2023 and other accused had been granted bail at various point of time.

4. Investigation has been completed and final report has been filed on 05.01.2024 before the Chief Judicial Magistrate, Namakkal.

5. Taking all the factors into consideration, I am inclined to grant bail to the petitioner subject to the following conditions:

6. Accordingly, the petitioner is ordered to be released on bail on condition to execute 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 Chief Judicial Magistrate, Namakkal, 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 3/5

their Aadhar card or Bank pass Book to ensure their identity. [b] the petitioner shall report before the respondent police everyday at 10.30 a.m., for a period of two weeks and thereafter, appear before the Chief Judicial Magistrate, Namakkal, everyday at 10.30 a.m., till the case is committed and if it is committed, appear before the concerned Sessions Court everyday at 10.30 a.m., till the charges are framed and thereafter, on the Court hearing dates. [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.

11.01.2024 rjr C.V.KARTHIKEYAN.

J.

rjr 4/5

To

1. The Chief Judicial Magistrate, Namakkal.

2. The Central Prison (For Women), Salem.

3. The Deputy Superintendent of Police, CBCID-Namakkal, Namakkal District.

4. The Public Prosecutor, High Court of Madras.

11.01.2024 5/5