P.Kannan v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 30/12/2020 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN P.Kannan ... Petitioner/5th Accused Vs State Rep.by The Inspector of Police, Thiruchuli Police Station, Virudhunagar District.
Crime No.7/2020.
... Respondent/Complainant For Petitioner : Mr.E.Meyyappan, Advocate for Mr.N.Saravanan, Advocate.
For Respondent : Mr.R.Erottuchamy, Government Advocate (Crl.Side) PETITION FOR BAIL Under Sec.439 of Cr.P.C.
PRAYER :- For Bail in Crime No.7 of 2020 on the file of the respondent Police.
ORDER : The Court made the following order :- The petitioner/A5, who was arrested and remanded to judicial custody on 09.10.2020 for the offences punishable under Sections 302,506(ii) of IPC on the file of the respondent police seeks bail. 2.The case of the prosecution is that due to previous enmity on 22.01.2020 at the instigation of this petitioner, A1 to A4 indiscrimantely attacked the deceased with deadly weapons and caused his death.
3.The learned counsel for the petitioner would submit that the petitioner is innocent and a false case has been foisted against the petitioner. He would also submit that name of the petitioner does not found place in the First Information Report. He would also submit that the petitioner is in jail for more than two months, hence he may be granted bail.
4. The learned Government Advocate(Crl.Side) would submit that this is the second bail petition and the earlier bail petition was 1/3
dismissed by this Court on 03.12.2020 in Crl.O.P(MD) No. 13938 of 2020. He would also submit that respondent police completed investigation and also filed final report before the concerned Court and the same has been taken cognizance in PRC. No.20 of 2020.
5. Taking note of the above facts and circumstances of the case and also taking into consideration the period of incarceration and also taking note of the fact that final report has been filed 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.10,000/- (Rupees Ten Thousand only) with two blood sureties each for a like sum to the satisfaction of the learned Judicial Magistrate, Aruppukottai 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/- 30/12/2020 / 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.
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TO
1. THE JUDICIAL MAGISTRATE, ARUPPUKOTTAI.
2. DO-THROUGH THE CHIEF JUDICIAL MAGISTRATE, VIRUDHUNAGAR DISTRICT AT SRIVILIPUTTUR.
3. THE SUPERINTENDENT,CENTRAL JAIL, MADURAI.
4. THE INSPECTOR OF POLICE, THIRUCHULI POLICE STATION, VIRUDHUNAGAR DISTRICT.
5. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
ORDER
IN CRL OP(MD) No.15340 of 2020 Date :30/12/2020 MS/PN/SAR-3/30.12.2020/3P.6C 3/3