Subramanian v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 21/03/2024 PRESENT The Hon`ble Mr.Justice M.DHANDAPANI CRL OP(MD). Nos.3665, 3770, 3785 & 3686 of 2024 Subramanian ... Petitioner/Accused No.8 Prabhu ... Petitioner/Accused No.6 in Crl.O.P.(MD).No.3770 of 2024 Lachumanan @ Alagesan ... Petitioner/Accused No.7 in Crl.O.P.(MD).No.3785 of 2024 Chinraj Murugesan Selvam @ Thiruselvam
...Petitioners/Accused No.3 to 5
in Crl.O.P.(MD).No.3686 of 2024 Vs The Inspector of Police, Vattathikottai Police Station, Thanjavur District.
(Crime No.8/2024) ... Respondent/Complainant in all petitions 1/7
For Petitioners :
Mr.T.Eashwar, Advocate.
(In Crl.O.P.(MD).Nos.3665, 3770,3785 of 2024) For Petitioner :
Mr.R.Ilayaraja, Advocate.
(In Crl.O.P.(MD).No.3686 of 2024) For Respondent :
Mr.B.Nambiselvan, Additional Public Prosecutor (In all Petitions) PETITIONS FOR BAIL Under Sec.439 of Cr.P.C.
COMMON PRAYER :- For Bail in Crime No. 8 of 2024 on the file of the respondent police. COMMON ORDER : The Court made the following Common Order :- The petitioners are arrayed as accused persons in different ranks in FIR and after filing of the charge sheet, they have been arrayed as Accused Nos.7, 3, 4, 5, 6 and 10.
2. The petitioners have filed these bail petitions and all the accused persons had involved in the same offence, thereby, these Criminal Original Petitions are disposed of by this common order.
3. The case of the prosecution is that the defacto complainant belongs to Down Trodden Community and he has completed Mechanical Engineering. The A1's daughter, viz., Iswarya and the defacto complainant were lovers. The defacto 2/7
complaiant was working in a Baniyan Company at Tirupur. The said Iswarya was working in a private Spinning Mill at Palladam. On 31.12.2023, they have got married and lived in a separate rental house. In the mean time, the first accused lodged a complaint before the Palladam Police Station about his daughter missing. After that, the Police officials came to the house of the defacto complainant and secured the above said Iswarya and handed over to her father. It is alleged that the petitioners along with the other accused persons murdered the said Iswarya as "honor killing" and fired the body in a burial ground. Hence, the complaint.
4. The learned counsel appearing for the petitioners would submit that the entire allegations are only against the father of the said Iswarya and the father attacked the victim girl brutally and strangulated her in a roof. The allegations against the petitioners are that the petitioners herein aided the parents of the victim girl to bury the body in the burial ground. He would further submit that the investigation has been completed and the respondent Police has filed a charge sheet in P.R.C.No.15 of 2024. He would further submit that Accused No.8 has already granted bail by this Court. Hence, he prays for grant of bail.
5. The learned Additional Public Prosecutor appearing for the respondent Police would submit that the father of the victim girl by strangulating the victim girl in a roof, had committed murder. The allegations against the 3/7
petitioners are that the petitioners herein purchased the petrol and wooden log to bury the body in the burial ground. He would further submit that the petitioners were arrested on different dates. Hence, he prays for dismissal of these petitions.
6. Considering the facts and circumstances of the case and also considering the fact that the petitioners have not committed the murder of the victim girl and allegation against them they had purchased the petrol and wooden log to bury the body of the victim girl and considering the period of incarceration suffered by the petitioners, this court is inclined to grant bail to the petitioners, subject to the following conditions:
7. Accordingly, the petitioners are ordered to be released on bail on their executing a 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 learned Judicial Magistrate, Pattukottai 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 are directed stay to at Krishnagiri and appear before the Krishnagiri Town Police daily at 10.30 A.M., 4/7
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 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]; and;
(f) if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.
sd/- 21/03/2024 / TRUE COPY / 21/03/2024 Sub-Assistant Registrar ( ) Madurai Bench of Madras High Court, Madurai - 625 023.
TSG 5/7
To 1.The Judicial Magistrate, Pattukottai 2.Do through the Chief Judicial Magistrate, Thanjavur District at Kumbakonam.
3.The Inspector of Police, Vattathikottai Police Station, Thanjavur District.
4.The Superintendent, Central Prison, Trichy.
5.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
Copy to:
The Inspector of Police, Krishnagiri Town Police Station, Krishnagiri.
+2 CC to M/s.T.EASHWAR, Advocate ( SR-3511 and 3512[I] dated 21/03/2024 ) +1 CC to M/s.R.ILAYARAJA, Advocate ( SR-3489[I] dated 21/03/2024 )
ORDER
IN CRL OP(MD). Nos.3665, 3770, 3785 & 3686 of 2024 Date :21/03/2024 6/7
ED/ /SAR- (21/03/2024) 7P / 10C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 7/7