Jayaraman @ Sony v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 27/03/2024 PRESENT The Hon`ble Mr.Justice M.DHANDAPANI Jayaraman @ Sony ... Petitioner/Accused Rank Not Known Vs The Inspector of Police, Thirugokarnam Police Station, Pudukkottai District.

(In Crime No.39 of 2024.) ... Respondent/Complainant For Petitioner :

Mr.D.Rameshkumar, Advocate.

For Respondent :

Mr.B.Nambiselvan, Additional Public Prosecutor PETITION FOR BAIL Under Sec.439 of Cr.P.C.

PRAYER :- For Bail in Crime No.39 of 2024 on the file of the respondent police. ORDER : The Court made the following order :- The petitioner/Accused, who was arrested and remanded to judicial custody on 12.02.2024 for the alleged offences punishable under Sections 294(b) and 302 of 1/5

IPC, in Crime No.39 of 2024, on the file of the respondent Police, seeks bail. 2.The case of the prosecution is that A1 developed intimacy with the defacto complainant's sister. However, the deceased is not inclined to perform the marriage between her sister and the A1. Subsequently, his sister got married with some other man. After marriage also, A1 developed intimacy with the defacto complainant's sister. When the same was warned by the defacto complainant and his brother, the deceased attacked the A1. Thereby, A1 made a complaint before the respondent police and the same was registered a case under Section 307 of IPC as against the deceased. In order to wreck vengeance, A1 to A3 assembled together and indiscriminately attacked the deceased. Thereby, the deceased lost his life. Hence, the case.

3.The learned counsel for the petitioner would submit that totally there are eight accused involved in this case and the petitioner's rank is not known and there is no specific overt act attributed against the petitioner. Further, the co-accused was enlarged on bail by this Court vide order dated 19.03.2024 in Crl.O.P(MD) No.4320 of 2024. The petitioner is in judicial custody fore more than 45 days and hence, he prays for bail.

4.The learned Additional Public Prosecutor would submit that this petitioner is arrayed as A4. Due to wreck vengeance, the A1 along with other accused persons 2/5

indiscriminately attacked the deceased in order to commit murder, hence, the deceased lost his life. Further, two previous cases are pending against the petitioner, which are not in similar nature. Hence, he vehemently opposed the grant of bail to the petitioner.

5.Heard. Perused the materials available on record including the First Information Report.

6.Considering the facts and circumstances and also considering the fact that the petitioner was not available at the scene of occurrence and the allegation is only against A1 to A3 and based on the confession statement of A1, the petitioner's name was implicated in this case and the petitioner is in judicial custody from 12.02.2024 and the co-accused was enlarged on bail by this Court, this Court is inclined to grant bail to the petitioner, subject to the following conditions: 7.Accordingly, this Criminal Original Petition is ordered and the petitioner is 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, each for a like sum to the satisfaction of the learned Judicial Magistrate No.II, Pudukkottai, 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 3/5

Book to ensure their identity;

(b) the petitioner shall stay at Chengalpattu and report before the Inspector of Police, Chengalpattu Town Police Station, Chengalpattu District, daily at 10.30 a.m., until further orders;

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

(d)the petitioner 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/- 27/03/2024 / TRUE COPY / 27/03/2024 Sub-Assistant Registrar (Liasoning) Madurai Bench of Madras High Court, Madurai - 625 023.

INDU 4/5

To 1.The Judicial Magistrate No.II, Pudukkottai.

2.Do through the Chief Judicial Magistrate, Pudukkottai District.

3.The Inspector of Police, Thirugokarnam Police Station, Pudukkottai District.

4.The Officer Incharge, District Prison, Pudukkottai.

5.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

Copy to:

The Inspector of Police, Chengalpattu Town Police Station, Chengalpattu District.

ORDER

IN CRL OP(MD) No.4868 of 2024 Date :27/03/2024 ED/ /SAR- (27/03/2024) 5P / 7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5