Sekarreporter1: [12/16, 10:20] Sekarreporter1: https://twitter.com/sekarreporter1/status/1339070059205914625?s=08 [12/16, 10:20] Sekarreporter1: CRL OP(MD). No.12779 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 14/12/2020 PRESENT The Hon’ble Mr.Justice G.K.ILANTHIRAIYAN

[12/16, 10:20] Sekarreporter1: [12/16, 10:20] Sekarreporter1: https://twitter.com/sekarreporter1/status/1339070059205914625?s=08
[12/16, 10:20] Sekarreporter1: CRL OP(MD). No.12779 of 2020
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
( Criminal Jurisdiction )
Date : 14/12/2020
PRESENT
The Hon’ble Mr.Justice G.K.ILANTHIRAIYAN
CRL OP(MD). No.12779 of 2020
K.Rajesh Kannan … Petitioner/Accused
Vs
The State rep. by
The Inspector of Police,
Allinagaram Police Station,
Theni District.
Crime No.1400 of 2020. … Respondent/Complainant
For Petitioner : Mr.D.Selvam, Advocate
for M/s.M.Sangli, Advocate.
For Respondent : Ms.Ananthadevi,
Government Advocate (Criminal Side)
PETITION FOR BAIL Under Section 439 of Cr.P.C.
PRAYER :-
For Bail in Crime No.1400 of 2020 on the file of the Respondent
Police.
ORDER : The Court made the following order :-
The petitioner/accused, who was arrested and remanded to
judicial custody on 22.06.2020 for the offences punishable under
Sections 302 and 397 of IPC on the file of the respondent police
seeks bail.
2. The case of the prosecution is that on 19.06.2020 at about
10.30 p.m.,the defacto complainant went to the respondent police
station and lodged a complaint stating that her husband was
brutally attacked by the accused persons and he died. Further it is
stated that the petitioner herein induced the deceased to withdraw
the amount from the bank and after collecting money from the bank
some unknown persons had attacked him and caused his death.
3. The learned counsel for the petitioner would submit that the
petitioner did not commit any offence as alleged by the prosecution
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[12/16, 10:21] Sekarreporter1: CRL OP(MD). No.12779 of 2020
and he is innocent. He would also submit that due to previous enmity
the respondent police has implicated the petitioner herein in the
instant case. He would also submit that the petitioner is in jail
for more than three months hence he may be granted bail.
4. The learned Government Advocate(Criminal Side) submitted
that this is the fourth bail petition and the earlier three
petitions were dismissed by this Court on 02.09.2020, 09.10.2020 and
16.10.2020. She would also submit that the entire amount of
Rs.22 lakhs which was withdrawn was recovered from the car of the
petitioner. She would also submit that the investigation in this
case is completed and the final report has been filed before the
concerned Court and the same has been taken cognizance in PRC14 of
2020 pending committal. Hence she opposed to grant bail to the
petitioner.
5. It is seen that the petitioner is a sole accused. The
petitioner and the employees are co-employer of one Sannasi. In
order to pay amount to the Directors the deceased was directed to
withdraw the amount from the bank. The petitioner herein also
accompanied along with him and after taking money from the bank the
petitioner took the deceased to the remote place and murdered him.
Now the respondent police completed investigation and filed final
report before the concerned Court and the case stands posted for
trial.
6. Taking note of the above facts and circumstances of the case
and also taking into consideration the period of incarceration,
this Court is inclined to grant bail to the petitioner subject to
the following conditions:
7.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 blood sureties each for a like sum to the
satisfaction of the learned Judicial Magistrate, Theni.
i) the sureties shall affix their photographs and left thumb
impression in the surety bond and the Magistrate/concerned court may
obtain a copy of their Aadhar card or Bank Pass Book to ensure their
identity
ii) the petitioner shall report before the trial Court daily at
10.30 a.m and 5.30 pm., until further orders.
iii)the petitioner shall not tamper with evidence or witness.
iv) the petitioner shall not abscond during trial.
v)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
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