The Court granted bail to the petitioner in a murder case, citing the duration of incarceration and the pandemic as key factors, subject to specific conditional bonds and reporting requirements.
Petitioner enlarged on bail subject to execution of bonds with sureties, daily reporting to police, and conditions regarding evidence tampering and absconding.
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.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 22.06.2021
CORAM: THE HON'BLE MR.JUSTICE M.DHANDAPANI Crl.O.P.No.10749 of 2021
Aravindh Kumar ... Petitioner Vs. The State rep by, The Inspector of Police, Udumalpet Police Station, Udumalpet, Thiruppur District. (Crime No.244 of 2021) ... Respondent PRAYER: Criminal Original petition has been filed under Section 439 of Cr.P.C, prayed to enlarge the petitioner on bail, in Crime No.244 of 2021 on the file of the Inspector of Police, Udumalpet Police Station, Thiruppur District.
For Petitioner : Mr.D.Arun For Respondent : Mr.A.Gopinath Government Advocate (Crl.Side) ORDER
The petitioner who was arrested on 11.05.2021 and remanded to judicial custody for the offences under Section 302 of IPC in Cr.No.244 of 2021 on the file of the respondent police, seeks bail.
(a) the petitioner shall execute a bond for a sum of Rs.10,000/(Rupees Ten Thousand only) before the Superintendent of the Central Prison, Coimbatore, in which the petitioner is confined and on such execution the petitioner shall be released from prison;
(b) Within a period of four weeks after the release, the petitioner shall execute a bond for Rs.10,000/-(Rupees Ten Thousand only) with two sureties each for a like sum to the satisfaction of the learned Judicial Magistrate Court No.I, Udumalpet, Thiruppur District.
(c ) In case of any difficulty in executing the said bond along with the sureties before the concerned Magistrate within the time stipulated above, the petitioner is permitted to file appropriate petition within a period of four week therefrom before the concerned Magistrate for extension of time for executing the bond along with sureties and if any such application is filed, the concerned Magistrate shall decide on the grant of extension of time for accepting the bond and sureties in accordance with law. Failing filing of any such application within the time prescribed above, the bail granted by this Court would stand automatically vacated.
(d)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;
(e)the petitioner shall report before the respondent police, daily at 10.30 a.m. until further orders;
(f)the petitioner shall not tamper with evidence or witness either during investigation or trial;
(g)the petitioner shall not abscond either during investigation or trial;
(h)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]; and;
(i)if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.
-sd/22/06/2021 This order, on being produced, be punctually observed and carried into execution by all concerned TRUE COPY Sub-Assistant Registrar (Statistics/C.S.) High Court, Madras - 600 104. TO 1 THE JUDICIAL MAGISTRATE, NO.I, UDUMALPET, THIRUPPUR DISTRICT. 2 THE CHIEF JUDICIAL MAGISTRATE THIRUPPUR [FOR INFORMATION] 3 THE SUPERINTENDENT, CENTRAL PRISON, COIMBATORE. 4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS. 5 THE INSPECTOR OF POLICE, UDUMALPET POLICE STATION, UDUMALPET, THIRUPPUR DISTRICT CC to M/S D.ARUN Advocate on payment of necessary charges
CRL OP.10749/2021 Date :22/06/2021 cs 23/06/2021
1 issue framed by the court
Whether the petitioner is entitled to bail considering the period of incarceration and the COVID-19 pandemic situation.
Colour shows how this judgement treated each authority
P.K.Shaji Vs. State of KeralaReferred¶20
P.K.Shaji Vs. State of Kerala [(2005) AIR SCW 5560] · Who else cites this
3 provisions across 2 enactments
Aravindh Kumar
The State rep by The Inspector of Police
M. Dhandapani
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
