Allowed

Chandiran v. State Rep by

Madras HC16 Nov 2021CRL OP/21449/2021

Case brief

AI extract

What is this about?

The High Court of Judicature at Madras, on a bail application under Section 439 Cr.P.C, granted bail to the accused charged under Section 306 IPC for allegedly provoking the deceased's suicide. Considering his 40-day incarceration and completed investigation, the court ordered his release subject to stringent conditions including daily reporting for eight weeks.

What did the court decide?

Petitioner ordered released on bail with an executing bond of Rs. 10,000 plus two sureties for same, subject to daily reporting for eight weeks and other strict conditions.

Chandiran Vs State Rep by — Bail and Remand | Madras HC (2021)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 16.11.2021

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CORAM:

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THE HON'BLE MRS.JUSTICE T.V.THAMILSELVI

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Crl.O.P.No.21449 of 2021

Chandiran

... petitioner

Vs.

The State rep by Sub- Inspector of Police, Kanchi Taluk Police Station, Kancheepuram, Kancheepuram District. Crime No.1526 of 2021 ...Respondent

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PRAYER: Criminal Original Petition has been filed under Section 439 of Cr.P.C praying to release the petitioner/accused on bail, pending in Crime No.1526 of 2021 on the file of the Inspector of Police, Kanchi Taluk Police Station, Kancheepuram.

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For petitioner : Mr.R.Vijayakanth

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For Respondent : Mr.N.S.Suganthan Government Advocate

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ORDER

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(The case has been heard through video conference)

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The petitioner who was arrested and remanded to judicial custody on 04.10.2021 for the offences under Section 306 of IPC in Crime No.1526 of 2021, on the file of the respondent police, seeks bail.

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The case of the prosecution is that the defacto complainant is the father of the deceased and the petitioner is residing in the opposite house of the deceased. The petitioner had borrowed money from the deceased namely Bala. Thereafter, when she demanded repayment of the money, the petitioner used harsh words against her and claimed that he had not borrowed any money from her and thereby, the deceased committed suicide. Hence the complaint.

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The learned counsel for the petitioner would submit that the petitioner has not committed any offence as alleged by the prosecution and he has been falsely implicated in this case and that he has been

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https://hcservices.ecourts.gov.in/hcservices/

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suffering incarceration for more than 40 days from 04.10.2021. He would submit that the petitioner is ready to abide by any stringent conditions and would pray for grant of bail to the petitioner.

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The learned Government Advocate raised objection and would submit that the investigation is almost completed.

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Considering the period of incarceration undergone by the petitioner and the fact that the investigation is almost completed, this Court is inclined to grant bail to the petitioner with certain conditions.

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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 sureties, each for a like sum to the satisfaction of the learned Judicial Magistrate-II, Kancheepuram and on further conditions that:

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(a)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;

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(b)the petitioner shall report before the respondent police daily at 10.30 a.m. for a period of eight weeks and thereafter, as and when required for interrogation.

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(c)the petitioner shall not tamper with evidence or witness either during investigation or trial;

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(d)the petitioner shall not abscond either during investigation or trial;

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(e)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;

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(f)if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.

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-sd/-

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16/11/2021

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This order, on being produced, be punctually observed and carried into execution by all concerned

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TRUE COPY

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Sub-Assistant Registrar (Statistics/C.S.) High Court, Madras - 600 104.

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https://hcservices.ecourts.gov.in/hcservices/

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1 THE JUDICIAL MAGISTRATE- II, KANCHEEPURAM.

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2 THE CHIEF JUDICIAL MAGISTRATE, CHENGALPATTU DISTRICT (FOR INFORMATION).

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3 THE SUB INSPECTOR OF POLICE, KANCHI TALUK POLICE STATION, KANCHEEPURAM, KANCHEEPURAM DISTRICT.

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4 THE PUBLIC PROSECUTOR, HIGH COURT, MADRAS.

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5 THE OFFICER INCHARGE, SUB JAIL, KANCHEEPURAM.

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+1 CC to M/S.R.VIJAYAKANTH Advocate on payment of necessary charges SR.NO.12811

CRL OP.21449/2021

Date :16/11/2021

INBA-17/11/2021

https://hcservices.ecourts.gov.in/hcservices/

Chandiran v. State Rep by

Case brief

What is this about?

What did the court decide?

Chandiran v. State Rep by

Case brief

What is this about?

What did the court decide?

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