Allowed

Viswanadhan v. the Inspector of Police

Madras HC22 Apr 2022CRL OP/9190/2022

Case brief

AI extract

What is this about?

The High Court granted bail to a petitioner arrested for murder, robbery, and related offences under the IPC. Relieving him from judicial custody on condition bond and strict reporting requirements, citing completed investigation and risk of absconding.

What did the court decide?

Released on bail executing bond for Rs. 10,000 with two sureties, bound to report daily, not tamper with evidence, and not abscond.

Viswanadhan Vs the Inspector of Police — Murder and Culpable Homicide | Madras HC (2022)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 22.04.2022

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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.9190 of 2022

Viswanadhan

.. Petitioner

Vs.

State Rep by, The Inspector of Police, Villupuram Taluk Police Station, Villupuram District. (Cr.No.1022 of 2019)

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... Respondent

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PRAYER: Criminal Original Petition has been filed under Section 439 of Cr.P.C praying to enlarge the petitioner on bail pending trial in (*)S.C.No.5 of 2022 on the file of the Sessions Judge Magalir Neethi Mandram (Fast Track Mahila Court), Villupuram.

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For Petitioner : Mr.N.U.Pressanna

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For Respondent : Mr.L.Baskaran

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Government Advocate (Crl.Side) (CRL.OP.NO.9190/2022)

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: M/S.S.SANTHOSH, Govt. Advocate ( Crl. Side) (CRL.MP.NO.6380/2022)

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ORDER

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The petitioner who was arrested and remanded to judicial custody on 26.07.2021 for the offences under Sections 302, 201 altered into (*)Sections 120B,449,394,302,201 r/w Section 34 of IPC in Crime No.1022 of 2019, on the file of the respondent police, seeks bail.

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The case of the prosecution is that the petitioner along with other accused entered into the house of the deceased and murdered him by using iron rod and snatched her jewels. Further, the petitioner along with the other accused sold the jewels and spent the amount. Hence, the complaint.

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

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The learned counsel for the petitioner submits that the petitioner has not committed any offence as alleged by the prosecution and based on the confession of the co-accused, he has been falsely implicated in this case. He would further submit that the petitioner is taking treatment for his health issue to that effect he has produced the medical report of the petitioner. He further submits that as per the FIR allegation the victim was killed by her husband not by the petitioner and the petitioner been suffering incarceration for more than 8 months from 26.07.2021. Hence, he prays to grant bail to the petitioner.

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4.The learned Government Advocate (Crl. Side) would raise strong objection stating that there are totally 2 accused in this case. The petitioner is arrayed as A1 and he is in the habit of stealing jewels and money from the women who are living separately in their house and habituated to commit murder after committing robbery. The A1/husband of the victim, who is arrested and released on bail. He would further submit that the investigation is completed and charge sheet has also been filed and taken on file in (*)S.C.No.5 of 2022 . However, it is a case of murder for gain and hence, if the petitioner is released on bail, there is every possibility of the petitioner getting absconded and tampering the evidence.

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Considering the facts and circumstances of the case the investigation almost completed and the charge sheet also taken of file and the co-accused released on bail, 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 Sessions Judge, Magalir Neethi Mandram (Fast Track Court) Villupuram and on further condition 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 three months and appear for the trial proceedings regularly;

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

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

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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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22/04/2022

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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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[*]Amended as per order of the court dated 19.05.2022 made in Crl.MP.NO.6380/2022 in Crl.O.P.No. 9190/2022 by The Hon`ble Mr Justice N. ANAND VENKATESH

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1 THE SESSIONS JUDGE MAGALIR NEETHI MANDRAM (FAST TRACK MAHILA COURT), VILLUPURAM.

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2 THE SUPERINTENDENT, CENTRAL PRISON, CUDDALORE.

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3 THE INSPECTOR OF POLICE VILLUPURAM TALUK POLICE STATION, VILLUPURAM DISTRICT.

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4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

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+1 CC to M/S.N.U.PRESSANNA Advocate on payment of necessary charges SR.NO. 7383

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CRL OP.9190/2022

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Date :22/04/2022 RW 25/04/2022

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RW-23/05/2022

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

Viswanadhan v. the Inspector of Police

Case brief

What is this about?

What did the court decide?

Viswanadhan v. the Inspector of Police

Case brief

What is this about?

What did the court decide?

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