Ananthu v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Sixth day of March Two Thousand Nineteen PRESENT The Hon`ble Mr.Justice M.DHANDAPANI CRL OP(MD) Nos.3416 & 3442 of 2019 ANANTHU ... PETITIONER/ACCUSED RANK NOT KNOWN IN CRL OP(MD). 3416/ 2019 BHUVANESHKUMAR @ BHUVANESWARAN ... PETITIONER/ACCUSED'S NAME NOT MENTIONED IN THE F.I.R IN CRL OP(MD). 3442/ 2019 - Vs. - STATE REP. BY THE INSPECTOR OF POLICE, DINDIGUL TOWN WEST POLICE STATION, DINDIGUL DISTRICT.

CRIME NO.4/2019 ... RESPONDENT/RESPONDENT/COMPLAINANT IN CRL OP(MD). 3416/ 2019 STATE REP. BY THE SUB INSPECTOR OF POLICE, DINDIGUL TOWN WEST POLICE STATION, DINDIGUL DISTRICT.

IN CRIME NO.4/2019 ... RESPONDENT/COMPLAINANT IN CRL OP(MD). 3442/ 2019 For Petitioner : MR.K.MANIKANDAN, Advocate IN CRL OP(MD). 3416/ 2019 : MR.S.VELLAICHAMY, Advocate IN CRL OP(MD). 3442/ 2019 For Respondent : MR.K.SUYAMBULINGA BHARATHI, Government Advocate (Crl.Side) IN BOTH THE PETITIONS PETITION FOR BAIL Under Sec. 439 Cr.P.C.

ORDER : The Court Made the following order :- The petitioner who were arrested on 05.01.2019 for the offence under Sections 147, 148, 341, 302 and 109 IPC in Cr.No.4 of 2019, on the file of the respondent police, seeks bail.

2. It is the case of the prosecution that the deceased in this case was the eye witness of earlier case and hence, the accused person committed murder of the deceased. Hence, the complaint. 3.The learned counsel appearing for the petitioners would submit the petitioners name is not found in the First Information Report and accordingly, he would pray for bail. 4.The learned Government Advocate(Crl.side) would submit that the petitioners helped the other accused person in order to commit the murder of the deceased and the petitioner in Crl.O.P(MD) No.3442 of 2019 helped other accused to stay in his house. He would further submit that there is no previous case as against the petitioners and that investigation is pending.

5.Considering the facts and circumstances of the case and considering the period of incarceration, I am inclined to grant bail to the petitioners.

6.Accordingly, the petitioners are 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, of whom, one should be a blood related surety, each for a like sum to the satisfaction of the learned Judicial Magistrate No.I, Dindigul District and on further condition 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 daily at 10.30 a.m. until further orders;

(c)the petitioners shall not tamper with evidence or witness either during investigation or trial;

(d)the petitioners 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 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]; and;

(f)if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.

sd/- 06/03/2019 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE NO.I, DINDIGUL.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, DINDIGUL.

3 THE INSPECTOR OF POLICE, DINDIGUL TOWN WEST POLICE STATION, DINDIGUL DISTRICT.

4 THE SUB INSPECTOR OF POLICE, DINDIGUL TOWN WEST POLICE STATION, DINDIGUL DISTRICT.

5 THE OFFICER INCHARGE, DISTRICT PRISON, DINDIGUL.

6 THE OFFICER INCHARGE, SUB JAIL, DINDIGUL.

7 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1 CC to M/s.K.MANIKANDAN, Advocate SR-4380 +1. C.C. to M/S.S.VELLAICHAMY, Advocate SR.No. 4345

ORDER

IN CRL OP(MD) Nos.3416 & 3442 of 2019 Date :06/03/2019 JM/JC/SAR 1/06.03.2019/3P/10C