Sheik Abdullah v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 20/08/2020 PRESENT The Hon`ble Mr.Justice V.BHARATHIDASAN Sheik Abdullah, ... Petitioner/Accused No.7 Vs State rep.by The Inspector of Police, Aranthangi Police Station, Pudukkottai District.

(In Crime No. 1011 of 2020). ... Respondent/Complainant For Petitioner : Mr.S.Muthalraj, Advocate.

For Respondent : Mr.M.Chandrasekaran, Additional Public Prosecutor PETITION FOR BAIL Under Sec.439 of Cr.P.C.

PRAYER :- For Bail in Crime No. 1011 of 2020 on the file of the respondent police ORDER : The Court made the following order :- The petitioner/A7 herein was arrested and remanded to judicial custody on 07.07.2020 for the alleged offences under Sections 109,120(B),302 and 324 of IPC.

2. The case of the prosecution is that there is a previous enmity between the the deceased Manikandan and A1 in this case. Prior to the occurrence there was a quarrel between them and on that motive A1 to A4 planned to murder the deceased and on the date of occurrence at about 08.00 pm., A1 to A4 in this case said to have attacked the deceased with aruval and caused his death. After the occurrence they have informed the same to A6 and he informed them 1/3

to abscond and A7 in this case took A1 in his motor cycle and A5 in this case washed the blood strained in the scene of occurrence.

3. The learned counsel for the petitioner would submit that the main allegations are against A1 to A4 only the petitioner herein only helped A1 to escape from the scene of occurrence. He would further submit that the petitioner is in jail for nearly two months, hence he may be granted bail.

4. The learned Additional Public Prosecutor would submit that it is pre planned murder and due to previous enmity all the accused persons conspired together and committed the murder of the deceased. Investigation is also pending.

5. It is seen that A1 to A4 said to have attacked the deceased and caused his death. Sofar as this petitioner is concerned he only helped A1 to escape from the scene of occurrence. It is also seen that his name does not found place in the First Information Report and he has been implicated with the aid of 120(B) of IPC. 6.Taking note of the above facts and circumstances of the case and also taking into consideration the period of incarceration, this Court is inclined to grant bail to the petitioner subject to the following conditions:

7.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, Aranthangi, Pudukottai 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 stay at Trichy and report before the Cantonment Police Station 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/- 20/08/2020 / TRUE COPY / / /2020 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

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, ARANTHANGI, PUDUKOTTAI DISTRICT.

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

3.THE OFFICER INCHARGE, DISTRICT PRISON, PUDUKKOTTAI.

4.THE INSPECTOR OF POLICE, ARANTHANGI POLICE STATION, PUDUKKOTTAI DISTRICT.

5.THE INSPECTOR OF POLICE, CONTONMENT POLICE STATION, TRICHY.

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

+1cc to Mr.Na.Palaniyandi, Advocate in SR.No.6029

ORDER

IN CRL OP(MD) No.7728 of 2020 Date :20/08/2020 AAV AE/PN/SAR-II (20.08.2020) 3P 8C 3/3