Veemaraj v. The Sub Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 01/03/2022 PRESENT The Hon`ble Mr.Justice K.MURALI SHANKAR

1. Veemaraj

2. Tamilarasn @ Mickel

3. Mochiyaraj

4. Jegatheesan ... Petitioners/Accused No.2,3,4&6 Vs The State Rep. By, The Sub Inspector of Police, Watrap Police Station, Virudhunagar District.

(Crime No. 260 of 2021).

... Respondent/Complainant For Petitioner : M/s.Karuppasamy Pandiyan G, Advocate.

For Respondent : Mr.E.Antony Sahaya Prabahar, Additional Public Prosecutor PETITION FOR BAIL Under Sec.439 of Cr.P.C.

PRAYER :- For Bail in Crime No.260 of 2021 on the file of the Respondent police.

ORDER : The Court made the following order :- The petitioners/A2 to A4 and A6, who were arrested and remanded to judicial custody on 16.11.2021, 18.11.2021, 21.11.2021 and 22.11.2021 respectively, for the offences punishable under Sections 147, 148, 341, 294(b), 323, 302 and 506(ii) of IPC in Crime No.260 of 2021 on the file of the respondent police, seek bail. 2.The case of the prosecution is that due to previous enmity between the petitioners and the deceased, on 15.11.2021, the petitioners and other accused waylaid the deceased and his relative, abused them in filthy language, assaulted the deceased with deadly weapons and thereby, the deceased died. Hence, the complaint. 3.The learned counsel for the petitioners would submit that there existed previous enmity between the deceased and the first accused, hence, on 15.11.2021, there arose wordy quarrel between them and the same culminated in murder. He would further submit that the co-accused was already granted bail by this Court. 1/3

4.The learned Additional Public Prosecutor for the respondent police would submit that the investigation has already been completed and the charge sheet has already been filed and the case was taken on file in P.R.C.No.1 of 2022 before the Jurisdictional Magistrate.

5.Considering the above facts and circumstances of the case and also taking note of the fact that the petitioners are in judicial custody from 16.11.2021, 18.11.2021, 21.11.2021 and 22.11.2021 respectively and also the facts that the co-accused was already granted bail by this Court and that the investigation has already been completed and the charge sheet has already been filed and the case was taken on file in P.R.C.No.1 of 2022 before the Jurisdictional Magistrate, this Court is inclined to grant bail to the petitioners subject to the following conditions: 6.Accordingly, the petitioners are ordered to be released on bail on their executing a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) each with two sureties each for a like sum to the satisfaction of the learned Judicial Magistrate No.I, Srivilliputhur.

i) the sureties shall affix their photographs and left thumb impression in the surety bond and the Magistrate/concerned court may obtain a copy of their Aadhar card or Bank Pass Book to ensure their identity ii) the petitioners shall stay at Chengalpattu and report before the Inspector of Police, Town Police Station, Chengalpattu daily at 10.30 a.m for a period of thirty days and thereafter, report before the respondent police daily at 10.30 a.m until further orders.

iii)the petitioners shall not tamper with evidence or witness. iv) the petitioners shall not abscond during trial. v)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]. vi) If the accused thereafter abscond, a fresh FIR can be registered under Section 229A IPC.

sd/- 01/03/2022 / TRUE COPY / / /2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

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Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

TO

1. THE JUDICIAL MAGISTRATE NO.I, SRIVILLIPUTHUR.

2. DO-THROUGH : THE CHIEF JUDICIAL MAGISTRATE, VIRUDHUNAGAR DISTRICT AT SRIVILLIPUTHUR.

3. THE SUPERINTENDENT, CENTRAL PRISON, MADURAI.

4. THE SUB INSPECTOR OF POLICE, WATRAP POLICE STATION, VIRUDHUNAGAR DISTRICT.

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

COPY TO :

THE INSPECTOR OF POLICE, TOWN POLICE STATION, CHENGALPATTU.

ORDER

IN CRL OP(MD) No.4012 of 2022 Date :01/03/2022 USK/VR/SAR-III/01.03.2022/3P/7C 3/3