Crl.O.P.

No17720 of 2024

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 26.07.2024

CORAM:

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

Crl.O.P.No.17720 of 2024

S.Sathish Kumar,
S/o.Shanmugam
.. Petitioner
Vs.

State represented by
Inspector of Police (Crime),
Peelamedu Police Station,
Coimbatore City.
(Crime No.338 of 2024) .. Respondent

PRAYER: Criminal Original Petition has been filed under Section 439 of

Cr.P.C. praying to enlarge the petitioner on bail in Crime No.338 of 2024 on

the file of the respondent police.

For Petitioner : Mr.S.Jeyakumar

For Respondent : Mr.V.Meganathan,

Govt. Advocate (Crl. Side)

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ORDER

The petitioner, who was arrested and remanded to judicial custody on

28.05.2024 for the alleged offence under Sections 147, 323, 342, 201 and

302 of I.P.C. in Crime No.338 of 2024 on the file of the respondent police,

seek bail.

2. The case of prosecution is that the petitioner is the Head of

Department (House keeping). However, the Vice President of the said

hospital lodged a complaint stating that valuables such as copper wires,

pipes and electrical components have been stolen from the premises for the

past six months. While so, on 27.05.2024 around 02.00 p.m., when one

Raja @ Rajamani and Pandiyarajan stealing the copper wires, pipes and

electrical components from the hospital, the hospital staffs said to have

caught them and attacked them, due to which, one of the thieves got

severely injured and died. Accordingly, the complaint was registered against

the petitioner.

3. The learned counsel appearing for petitioner submitted that since

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 Crl.O.P.No17720 of 2024

the deceased along with another accused entered into the hospital in order to

steal copper wires, pipes and other electrical components from the hospital,

at that time, the hospital staffs apprehended two unknown persons involved

in stealing. However, the petitioner has been falsely implicated in this case

as if he actively attacked them, due to which he suffered chest pain, thereby,

he was admitted in hospital and later he died. He would submit that another

person accompanied with deceased absconded from the place of occurrence.

However, the petitioner was implicated in this case as if he actively attacked

the person, who attempted to steal the materials with deadly weapons, but he

has not attacked him with such intention. He would submit that he has not at

all committed any of offence as alleged by the respondent police and he has

been falsely implicated in this case and they will abide by any condition that

may be imposed by this court. He would submit that there is no specific

overtact attributed against the petitioner and he is no way connected with the

offence. He would further submit that the investigation is almost completed

and that the petitioner has been suffering incarceration for more than 58

days from 28.05.2024. Hence, he prayed to grant bail to the petitioners.

4. The learned Government Advocate (Crl. Side) appearing for

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respondent would submit that already A6 and A7 were granted anticipatory

bail. He would submit that though A1 gave a complaint, later on

investigation, it was found that this petitioner along with other accused, who

are hospital staffs have indulged in attacking the deceased with deadly

weapon on that day, thereby, he sustained serious injury and died, for which

they gave a complaint suppressing the real fact. Thereafter, only

investigation, it reveals that all have attacked the deceased, due to which

victim died, thereby the petitioner had actively participated in attacking

deceased and CCTV footage was recovered by the investigation officer to

that effect, but suppressing the entire facts, they gave treatment to him,

inspite of that, victim died. He would submit that totally there are ten

accused involved in this case, in which the petitioner is arrayed as A8 and no

previous case pending against him. He would submit that that if he is

released on bail, he would tamper the witnesses and hamper the

investigation and the investigation is almost completed. Hence, he

vehemently opposed to grant bail to the petitioner.

5. Considering the above facts and circumstances, and according to

prosecution, all the accused, who are staffs of the hospital and they attacked

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the persons, who attempted to steal the materials with deadly weapon, due to

which he died and the fact that investigation is almost completed and the

fact that there is no previous case pending against him and also considering

the period of incarceration undergone by the petitioner from 28.05.2024 for

more than 58 days, this Court is inclined to grant bail to the petitioner

subject to the following conditions:

6. Accordingly, on considering the pathetic condition of wife and

minor children of deceased, the petitioner is directed to deposit a sum of

Rs.1,00,000/- (Rupees one lakh only) into the credit of Crime No.338 of

2024 before the concerned Magistrate within a period of one week from

the date of receipt of copy of this order and the wife of deceased is

directed to deposit the said amount in post office fixed deposit in the

name of the two minor children of the deceased appointing her as a

guardian. The mother of minor children is permitted to withdraw the

interest accrued till the children attain majority and the same may be

utilized for the welfare of the children. Furthermore, the hospital

authority shall take care of educational expenses of minor children of

deceased. On such deposit, the petitioner is ordered to be released on bail

on condition to execute a bond for a sum of Rs.10,000/- (Rupees Ten

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 Crl.O.P.No17720 of 2024

Thousand only) each with two sureties each, in which one surety must be a

blood surety, for a like sum to the satisfaction of the Judicial Magistrate-II,

Coimbatore and on further conditions that:

(a) 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;
(b) the petitioner shall report before the respondent
police on every Saturday at 10.30 a.m. for the period of twelve
weeks;
(c) the petitioner shall not commit any offences of similar
nature;
(d) the petitioner shall not abscond either during
investigation or trial;

(e) the petitioner shall not tamper with evidence or witness

either during investigation or trial;
(f) 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 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.O.P.No17720 of 2024

(g) if the accused thereafter absconds, a fresh FIR can be

registered under Section 229A IPC.

26.07.2024
rpp

To

1.The Judicial Magistrate-II, Coimbatore.

2.The Inspector of Police (Crime), Peelamedu Police Station, Coimbatore

City.

3. The Superintendent of Prison, Central Prison, Coimbatore.

4.The Public Prosecutor, High Court, Madras

T.V.THAMILSELVI, J.

rpp

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 Crl.O.P.No17720 of 2024

Crl.O.P.No17720 of 2024

26.07.2024

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