Alagar v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 22/06/2021 PRESENT The Hon'ble Mr.Justice A.A.NAKKIRAN CRL OP(MD) No.7950 of 2021 Alagar ... Petitioner/Accused No.4 Vs The State rep. by The Inspector of Police, Melur Police Station, Madurai District Crime No.245/2021. ... Respondent/Complainant For Petitioner : Mr.Senthil Kumar.R., Advocate.

For Respondent : Mr.K.Sanjai Gandhi, Government Advocate (Criminal Side) PETITION FOR BAIL Under Section 439 of Cr.P.C. PRAYER :- For Bail in Crime No. 245 of 2021 on the file of the respondent police.

ORDER : The Court made the following order :- The petitioner/A4, who was arrested and remanded to judicial custody on 22.04.2021 for the offences punishable under Sections 147, 294(b), 427, 323, 302, 506(2) of I.P.C and Section 4 of Tamil Nadu Prohibition of Harassment of Women Act, 2002 in Crime No.245 of 2021 on the file of the respondent police, seeks bail. 2.The case of the prosecution is that there was a pathway dispute between the accused persons and the defacto complainant. Due to that, on 22.04.2021, the accused persons abused the defacto complainant in filthy language and also attacked the defacto complainant and his family members, due to which, the son of the defacto complainant was succumbed to death. Hence, the complaint. 3.The learned counsel for the petitioner would submit that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution and the petitioner has been 1/3

falsely implicated in this case. He further submitted that the petitioner was in judicial custody for the past 62 days. Therefore, he prays to grant bail to the petitioner.

4.The learned Government Advocate(Criminal Side) would submit that the petitioner is in judicial custody from 22.04.2021. He would further submit that investigation is pending and 161 Cr.P.C. statement is not recorded and so far, no witnesses were examined. Hence, he opposes to grant bail to the petitioner. 5.Considering the facts and circumstances of the case and also considering the period of incarceration of the petitioner, 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, Melur.

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 as and when required for interrogation.

iii) the petitioner is directed to deposit a sum of Rs.2,000/- (Rupees two 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;

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 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]. 2/3

vii)If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.

sd/- 22/06/2021 / 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, MELUR.

2. -DO- THROUGH: THE CHIEF JUDICIAL MAGISTRATE, MADURAI DISTRICT.

3. THE SUPERINTENDENT, CENTRAL PRISON, MADURAI.

4. THE INSPECTOR OF POLICE, MELUR POLICE STATION, MADURAI 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.7950 of 2021 Date :22/06/2021 MSA SRS/JC/SAR-III/22.06.2021/3P/7C 3/3