This is a bail order in a murder case. The court granted bail to the petitioner, who was confined in prison, under Section 439 Cr.P.C. subject to executing a cash bond and reporting conditions.
Petitioner released on bail on condition of executing a Rs. 10,000 bond before the Superintendent of Central Prison, Cuddalore, subsequently with sureties.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 12.07.2021
CORAM
THE HONOURABLE MR.JUSTICE M.DHANDAPANI
Crl.O.P.No.12085 of 2021
Jeyamurugan ... Petitioner
Vs.
State represented by Inspector of Police, Thiagadurugam Police Station, Kallakurichi.
(Crime No.228 of 2021) ... Respondent
Prayer:
Petition filed under Section 439 of Cr.P.C., seeking to enlarge
the petitioner on bail in Crime No.228 of 2021 on the file of the
respondent.
For Petitioner : Mr.R.Vivekananthan
For Respondent : Mr.A.Gopinath
Government Advocate (Crl. Side)
ORDER
The petitioner who was arrested on 20.04.2021 for the offence under Section 174 of Cr.P.C. altered under Sections 302 and 328 IPC in Cr.No.228 of 2021 on the file of the respondent police, seeks bail.
2.It is the case of the prosecution that the petitioner had illegal relationship with A1 and hence, A1 with the aid of the petitioner mixed pesticide in the liquor consumed by her husband due to which, he died. The petitioner is arrayed as A2 in the case.
3.The learned counsel appearing for the petitioner submitted that the petitioner has not committed any offence as alleged by the prosecution and that he has been falsely implicated in the case.
4.The learned counsel appearing for the petitioner further submitted that the petitioner is now confined in Central Prison, Cuddalore, however, it has not been mentioned in the petition and prayed for appropriate orders.
5.Heard the submissions made by the learned Government Advocate (Crl. Side).
6.Considering the facts and circumstances of the case and the period of incarceration undergone by the petitioner, I am inclined to grant bail to the petitioner.
7.Accordingly, the petitioner is ordered to be released on bail on the following conditions:
(a) the petitioner shall execute a bond for a sum of Rs.10,000/(Rupees Ten Thousand Only) before the Superintendent of Central Prison, Cuddalore (on consideration of the request made by the learned counsel appearing for the petitioner), 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 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 II, Kallakurichi;
(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 weeks 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/12/07/2021 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.II, KALLAKURICHI. 2 THE CHIEF JUDICIAL MAGISTRATE VILLUPURAM [FOR INFORMATION] 3 THE SUPERINTENDENT, CENTRAL PRISON, CUDDALORE.
4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
5 THE INSPECTOR OF POLICE, THIAGADURUGAM POLICE STATION, KALLAKURICHI.
+1 CC to M/S. R.VIVEKANANTHAN Advocate on payment of necessary charges SR.No.7265
CRL OP.12085/2021 Date :12/07/2021 cs 13/07/2021
2 issues framed by the court
Whether the petitioner is entitled to bail on charges of murder and culpable homicide not amounting to murder.
What specific bail conditions are necessary for the petitioner's release.
Colour shows how this judgement treated each authority
P.K.Shaji Vs. State of KeralaReferred¶28
P.K.Shaji Vs. State of Kerala [(2005) AIR SCW 5560] · Who else cites this
1 provisions across 1 enactments
Jeyamurugan
State represented by Inspector of Police, Thiagadurugam Police Station, Kallakurichi
M. Dhandapani
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
M. Dhandapani
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