High Court granted bail to a petitioner accused of murder (Section 302 IPC) in a trier case, considering investigation closure and incarceration period, imposing strict conditions including daily reporting and penalties for absconding.
Petitioner ordered released on bail with Rs. 10,000 bond and two sureties, subject to daily reporting and specific conduct conditions.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 24.02.2021
CORAM :
THE HON'BLE MR. JUSTICE V.BHARATHIDASAN
Crl.O.P.No.21001 of 2020
Elumalai
Vs.
State Rep. by The Inspector of Police, Pallikaranai Police Station, Pallikaranai. Crime No.1387 of 2020 ... Respondent
PRAYER: Criminal Original Petition is filed under Section 439 of Criminal Procedure Code to enlarge the petitioner on bail in Crime No.1387 of 2020 on the file of the respondent.
(The case has been heard through video conference)
The Petitioner, who was arrested and remanded to judicial custody on 03.10.2020 for the offence punishable under Sections 302 of IPC in Crime No.1387 of 2020, seeks bail.
(a) Accordingly, the petitioner is ordered to be released on bail on condition to 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, Alandhur, and on further conditions that:
(b) the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the learned Magistrate may obtain a copy of their Aadhar Card or Bank Pass Book to ensure their identity;
(c) the petitioner shall report before the committal Court daily at 10.30 a.m., on all working days , until further orders.
(d) the petitioner shall not commit any offences of similar nature;
(e) the petitioner shall not abscond either during investigation or trial;
(f) the petitioner shall not tamper with evidence or witness either during investigation or trial;
(g) on breach of any of the aforesaid conditions, the learned Judicial 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 petitioners 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];
(h) if the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.
-sd/-
24/02/2021
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, ALANDHUR 2 THE CHIEF JUDICIAL MAGISTRATE CHENGALPATTU(FOR INFORMATION) 3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS. 4 THE INSPECTOR OF POLICE, PALLIKARANAI POLICE STATION, PALLIKARANAI, CHENNAI 5 THE SUPERINTENDENT, CENTRAL PRISON, PUZHAL, CHENNAI CC to M/S. V.ELANGOVAN Advocate on payment of necessary charges CRL OP.21001/2020 Date :24/02/2021 RVR 25/02/2021
2 issues framed by the court
Whether bail is to be granted to the petitioner charged with murder in the final stages of investigation.
What conditions should be imposed when granting bail in a murder case pending committal.
Colour shows how this judgement treated each authority
P.K.Shaji vs. State of KeralaReferred¶22
[(2005)AIR SCW 5560] · Who else cites this
1 provisions across 1 enactments
Elumalai
State Rep. by The Inspector of Police, Pallikaranai Police Station, Pallikaranai
V. Bharathidasan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
V. Bharathidasan
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