The Madras High Court granted bail to the petitioner, accused No.7, charged with murder and other offences. The court was inclined to grant relief given the circumstances, pending cognizance of the final report, and the release of other co-accused.
Petitioner ordered to be released on bail on executing a bond for Rs.10,000 with two sureties.
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.9508 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction )
Date : 28/07/2021
PRESENT
The Hon`ble Mr.Justice G.CHANDRASEKHARAN
CRL OP(MD). No.9508 of 2021
M.Neethirajan
... Petitioner/Accused No.7
Vs
State Rep.by The Inspector of Police, Avaniyapuram Police Station, Madurai City. (In Crime No.1750 of 2020)
... Respondent/Complainant
For Petitioner : Mr.S.Malaikani, Advocate.
For Respondent : Mr.E.Antony Sahaya Prabahar, Additional Public Prosecutor
PETITION FOR BAIL Under Sec.439 of Cr.P.C.
PRAYER :- For Bail in Crime No.1750 of 2020 on the file of the Respondent Police.
ORDER : The Court made the following order :-
The petitioner/A7, who was arrested on 03.07.2020 for the offences punishable under Sections 147,148 and 302 of IPC @ 147,148,302,120(B), 109,149,341 of IPC and Section 34 of IPC in Crime No.1750 of 2020 on the file of the respondent police, seeks bail.
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CRL OP(MD). No.9508 of 2021
his head and threw the head infront of the temple, therefore the case came to be registered.
3.The learned counsel for the petitioner would submit that the petitioner is innocent and he has not participated in the alleged murder of the deceased. He would further submit that the petitioner is in judicial custody from 03.07.2020, hence he seeks bail.
[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.
[b] the petitioner shall report before the respondent police daily at 10.30 am., until further orders.
[c] the petitioner shall not abscond either during investigation or trial.
[d] the petitioner shall not tamper with evidence or witness either during investigation or trial.
[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].
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CRL OP(MD). No.9508 of 2021
[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.
sd/-
28/07/2021
/ TRUE COPY /
/ /2021 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.
TO
+1 CC to M/S.S.RAJASEKARAN @ RAGAVAN, Advocate ( SR-4875[I] dated 28/07/2021 )
ORDER IN CRL OP(MD) No.9508 of 2021 Date :28/07/2021 AAV MS/JC/SAR-3/28.07.2021/3P.7C
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2 issues framed by the court
Whether bail should be granted to the petitioner accused charged with murder and affray.
What conditions should be imposed on the petitioner if released on bail.
Colour shows how this judgement treated each authority
P.K.Shaji vs. State of KeralaExplained¶30
P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560] · Who else cites this
1 provisions across 1 enactments
M.Neethirajan
State Rep.by The Inspector of Police, Avaniyapuram Police Station, Madurai City
G.CHANDRASEKHARAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
