Ranjith @ Obama v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 28/08/2020 PRESENT The Hon`ble Mr.Justice V.BHARATHIDASAN Ranjith @ Obama ... Petitioner/Accused-10 Vs State through The Inspector of Police, Keneikarai-Police Station, Ramanathapuram, Ramanathapuram District.

Crime No. 111 of 2020.

... Respondent/Complainant For Petitioner : M.Vigneshkumar, Advocate.

For Respondent : Mr.K.Suyambulinga Bharathi, Government Advocate (Crl.Side) PETITION FOR BAIL Under Sec.439 of Cr.P.C.

PRAYER :- For Bail in Cr.No. 111of of 2020 on the file of the respondent police.

ORDER : The Court made the following order :- The petitioner/A9 herein was arrested and remanded to judicial custody on 28.05.2020 for the alleged offences under Sections 174 Cr.P.C @ 147,148,341,364,323,324,201,120(b), 302 of IPC.

2. The case of the prosecution is that there was a dispute between the deceased and A1 in respect of selling gold due that A1 in this cases engaged all the other accused to murder the deceased, due to which he set fire on the deceased and thereafter buried the body in the remote place. Based on the complaint given by the Village Administrative Office the present complaint has been registered.

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3. The learned counsel for the petitioner would submit that the petitioner was arrested and remanded to judicial custody on 28.05.2020 and ninety days has been completed . However the respondent police so far not filed the final report before the concerned Court. Hence he seeks bail.

4. The learned Government Advocate(Crl.Side) would submit that the investigation is yet to be completed and the final report is yet to be filed. He would also submit that three previous cases are pending against the petitioner and one case is under Section 302 of IPC.

5. Taking note of the above facts and circumstances of the case and also taking note of the fact that the petitioner is in jail for more than 90 days and the respondent police has not filed the final report before the concerned Court, this Court is inclined to grant bail to the petitioner subject to the following conditions: 6.Accordingly, the petitioner is ordered to be released on bail on his executing a bond for a sum of Rs.50,000/- (Rupees Fifty Thousand only) with two sureties each for a like sum to the satisfaction of the learned Judicial Magistrate No.II, Ramanathapuram, Ramanathapuram District 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 petitioner shall report before the respondent police daily at 10.30 a.m until further orders.

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

sd/- 28/08/2020 / TRUE COPY / / /2020 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.II, RAMANATHAPURAM.

2.DO THRO'THE CHIEF JUDICIAL MAGISTRATE, RAMANATHAPURAM DISTRICT.

3.THE INSPECTOR OF POLICE, KENEIKARAI POLICE STATION, RAMANATHAPURAM, RAMANATHAPURAM DISTRICT.

4.THE OFFICER INCHARGE, SUB-JAIL, MUTHUKULATHOOR, RAMANATHAPURAM DISTRICT.

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

+1CC TO MR.D.BALAMURUGAPANDI, Advocate in Sr.No.6161

ORDER

IN CRL OP(MD) No.7307 of 2020 Date :28/08/2020 AAV AE/PN/SAR-III (28.08.2020) 3P 7C 3/3