In a bail petition filed under CrPC Section 439 by an accused charged with murder and abetment, the Madras High Court Bench allowed bail after considering the co-accused release and period of custody.
Petitioner released on bail in Rs.10,000 bond with two sureties (one blood relative) reporting to police.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
CRL.OP(MD).No.6419 of 2020
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
( Criminal Jurisdiction )
Date : 19/06/2020
PRESENT
The Hon'ble Mr.Justice M.DHANDAPANI
CRL.OP(MD).No.6419 of 2020
Anbu Ganesh ... Petitioner/Accused Rank not known
Vs
The Sub-Inspector of Police, Kadamalaikundu Police Station, Theni District. (Crime No. 50 of 2020). ... Respondent/Complainant
For Petitioner : Mr. A.R.Kannappan,
Advocate.
For Respondent : Mr.K.Suyambulinga Bharathi, Government Advocate (Crl.Side)
PETITION FOR BAIL Under Sec.439 of Cr.P.C.
PRAYER :-
For Bail in Crime No.50 of 2020 on the file of the Respondent Police
ORDER : The Court made the following order:-
Heard the learned counsel appearing for the petitioner and the learned Government Advocate(Crl. Side) appearing for the respondent.
2.The petitioner, who was the accused in Crime No.50 of 2020, on the file of the respondent Police, was arrested and remanded to Judicial Custody on 23.02.2020, for the offences punishable under Sections 120(b), 201, 302 and 363 IPC, seeks bail.
3.The case of the prosecution is that one Chellapandi got married with one Chitra and due to the wedlock, they were blessed https://hcservices.ecourts.gov.in/hcservices/
1/3
CRL.OP(MD).No.6419 of 2020
with two sons and one daughter. It is further alleged that there used to be some frequent quarrels between Chellapandi and Chitra and that, Chitra has left for her parents home. Thereafter, the said Chellapandi was found missing for last six months. When the defacto complainant enquired the father of Chitra/A1, about the whereabouts of the Chellapandi, there was no reply from him, and hence, the de-facto complained filed a case before the respondent police, which was registered as man missing and thereafter, the case was altered into Sections 120(b), 201, 302 and 363 IPC.
4.The learned counsel appearing for the petitioner would submit that the petitioner is an innocent and he has not committed any offence, as alleged by the prosecution. He would further submit that there is no specific overt act against the petitioner and that the petitioner is in judicial custody from 23.02.2020.
7.Considering the facts and circumstances of the case and also considering the fact that co-accused had already been released on bail and also considering the period of incarceration undergone by the petitioner, I am inclined to enlarge the petitioner on bail with certain conditions.
[a] Accordingly, the petitioner is ordered to be released on bail on executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand Only) with two sureties, of whom, one should be a blood related surety, each for a like sum to the satisfaction of the learned Judicial Magistrate, Andipatti, Theni District.
[b] the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the Judge may obtain a copy of their Aadhar card or Bank Pass Book to ensure their identity.
[c]the petitioner shall report before the respondent police for a period of two weeks daily at 10.30 am and thereafter, as and when required for interrogation.
[d]the petitioner shall not tamper with evidence or witness either during investigation or trial.
[e]the petitioner shall not abscond either during https://hcservices.ecourts.gov.in/hcservices/ investigation or trial.
2/3
CRL.OP(MD).No.6419 of 2020
[f]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] .
[g] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.
sd/-
19/06/2020 / TRUE COPY /
/ /2020 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO
ORDER IN
CRL OP(MD) No.6419 of 2020 Date :19/06/2020 CMR TE/JC/SAR-III : 19/06/2020 : 3P/6C
3/3
1 issue framed by the court
Whether the petitioner accused liable for punishable offences under IPC be enlarged on bail subject to conditions.
Colour shows how this judgement treated each authority
P.K.Shaji vs. State of KeralaReferred¶35
P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560] · Who else cites this
6 provisions across 2 enactments
Anbu Ganesh
The Sub-Inspector of Police, Kadamalaikundu Police Station, Theni District
M.DHANDAPANI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
