M.Neethirajan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 28/07/2021 PRESENT The Hon`ble Mr.Justice G.CHANDRASEKHARAN M.Neethirajan ... Petitioner/Accused No.7 Vs State Rep.by The Inspector of Police, Avaniyapuram Police Station, Madurai City.

(In Crime No.1750 of 2020) ... Respondent/Complainant For Petitioner : Mr.S.Malaikani, Advocate.

For Respondent : Mr.E.Antony Sahaya Prabahar, Additional Public Prosecutor PETITION FOR BAIL Under Sec.439 of Cr.P.C.

PRAYER :- For Bail in Crime No.1750 of 2020 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioner/A7, who was arrested on 03.07.2020 for the offences punishable under Sections 147,148 and 302 of IPC @ 147,148,302,120(B), 109,149,341 of IPC and Section 34 of IPC in Crime No.1750 of 2020 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that there is a previous enmity between the deceased and the first accused in this case. In the year 2019 Avvamuthuselvam and his friends murdered one Mari the brother of the first accused. Since then there was threat to the life of the deceased. Due to this previous enmity, on 21.06.2020 at about 5.45 pm.,when Avvamuthuselvam and his friends were coming in a two wheeler near Pathirakaliamman temple the accused Neethi, Anbu, Muthuraja, Karki, Batcha @ Saravanan at the instigation of the first accused attacked Avvamuthuselvam with sword and knife, severed 1/3

his head and threw the head infront of the temple, therefore the case came to be registered.

3.The learned counsel for the petitioner would submit that the petitioner is innocent and he has not participated in the alleged murder of the deceased. He would further submit that the petitioner is in judicial custody from 03.07.2020, hence he seeks bail.

4. The learned Additional Public Prosecutor appearing for the respondent though opposed the bail petition submitted that final report has been filed and the same has been taken cognizance in S.C.No.50 of 2021 and pending on the file of the IV Additional District and Sessions Court, Madurai. He would also submit that except this petitioner other accused have been either released on bail or granted anticipatory bail.

5. Taking note of the fact and circumstances of the case and also the fact that the case has been taken cognizance in S.C.No.50 of 2021 and the fact that the petitioner is in judicial custody from 03.07.2020 and also the fact that except this petitioner other accused have been either released on bail or granted anticipatory bail , this Court is inclined to grant bail to the petitioner

6. Accordingly, 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.VI,Madurai and on further condition 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 Book to ensure their identity. [b] the petitioner shall report before the respondent police daily at 10.30 am., until further orders.

[c] the petitioner shall not abscond either during investigation or trial.

[d] the petitioner shall not tamper with evidence or witness 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]. 2/3

[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.

sd/- 28/07/2021 / 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 NO.VI, MADURAI.

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

3. THE SUPERINTENDENT,CENTRAL PRISON, MADURAI.

4. THE INSPECTOR OF POLICE, AVANIYAPURAM POLICE STATION, MADURAI CITY.

5. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. +1 CC to M/S.S.RAJASEKARAN @ RAGAVAN, Advocate ( SR-4875[I] dated 28/07/2021 )

ORDER

IN CRL OP(MD) No.9508 of 2021 Date :28/07/2021 AAV MS/JC/SAR-3/28.07.2021/3P.7C 3/3