M.Vaigundaraj v. The Sub Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 03/06/2021 PRESENT The Hon'ble Mr.Justice A.A.NAKKIRAN CRL OP(MD) No.7204 of 2021 M.Vaigundaraj ... Petitioner/ Accused Rank Not Known Vs The State rep. by The Sub-Inspector of Police, Chinnakovilankulam Police Station, Tenkasi District.
Crime No.75/2021. ... Respondent/Complainant For Petitioner : Mr.V.Kathirvelu, Senior Counsel for Mr.K.Prabhu, Advocate.
For Respondent : Mr.Muthumanickam, Government Advocate (Criminal Side) PETITION FOR BAIL Under Section 439 of Cr.P.C. PRAYER :- For Bail in Crime no.75 of 2021 on the file of the respondent Police.
ORDER : The Court made the following order :- The petitioner/A9, who was arrested and remanded to judicial custody on 23.04.2021 for the offences punishable under Sections 147,294(b),302 and 506(ii) of IPC in Crime No.75 of 2021 on the file of the respondent police, seeks bail.
2.The case of the prosecution is that due to previous motive between the parties,on 25.03.2021 the accused persons unlawfully assembled together with deadly weapons and attacked with deceased, due to which, he sustained injuries and died on the spot. Hence, the complaint.
3.The learned counsel for the petitioner would submit that the petitioner is innocent and he has been falsely implicated in this 1/3
case. He would further submit that the name of the petitioner does not found place in the First Information Report and he never attacked the deceased. It is a case of circumstantial evidence. He would also submit that the petitioner is in judicial custody from 23.04.2021, hence he may be granted bail.
4.The learned Government Advocate(Criminal Side) would submit that there are totally three accused in this case. He would submit that this is the second bail petition and the earlier petition was dismissed as withdrawn on 13.05.2021. He would also submit that the respondent police has completed investigation and final report is yet to be filed before the concerned Court.
5.Considering the facts and circumstances of the case and also the fact that respondent police has completed investigation and final report is yet to be filed before the concerned Court and also the period of incarceration, this Court is inclined to grant bail to the petitioner on certain conditions.
6.Accordingly, the petitioner is ordered to be released on bail on executing his own bond for a sum of Rs.1,00,000/- (Rupees One lakh only) before the Jail Authority. The petitioner after his release shall surrender before the concerned Judicial Magistrate voluntarily on any working day within a period of one month from the date of resumption of regular work in the Subordinate Courts and execute 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, Sankarankovil.
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 is directed to deposit a sum of Rs.1,000/- (Rupees One Thousand only) to the credit of Government of Tamil Nadu, CMPRF in IOB, Secretariat Branch, Chennai-9 (Account No.11720 10000 00070, IFSC Code: IOBA0001172), within a period of two weeks without prejudice to his rights and contentions before the trial Court;
iii)the petitioner shall report before the respondent police as and when required for interrogation.
iv)the petitioner shall not tamper with evidence or witness. v)the petitioner shall not abscond during trial. vi)On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action 2/3
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]. vii)If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.
sd/- 03/06/2021 / TRUE COPY / / /2021 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, SANKARANKOVIL.
2. -DO- THROUGH: THE CHIEF JUDICIAL MAGISTRATE, TIRUNELVELI DISTRICT.
3. THE SUPERINTENDENT, CENTRAL PRISON, PALAYAMKOTTAI
4. THE SUB-INSPECTOR OF POLICE, CHINNAKOVILANKULAM POLICE STATION, TENKASI DISTRICT.
5. THE ADDITIONAL PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
COPY TO:
THE OFFICER INCHARGE, CHIEF MINISTER PUBLIC RELIEF FUND, GOVERNMENT OF TAMIL NADU, SECRETARIAT, CHENNAI-9.
ORDER
IN CRL OP(MD) No.7204 of 2021 Date :03/06/2021 AAV SRS/JM/SAR-IV/03.06.2021/3P/7C 3/3