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TMI Blog2020 (11) TMI 1016X X X X Extracts X X X X X X X X Extracts X X X X ..... stated whether the accused persons A.2 to A.14 are still in custody or they were released on bail. The apprehension of the learned State Public Prosecutor as well as the learned Senior Counsel appearing for the intervenor is that unless the petitioner is taken into custody and interrogated, he will tamper the evidence and influence the witnesses. It is seen that the petitioner is not apprehended for one year from date of occurrence and all other accused were released on bail. Considering the contention of the learned Senior Counsel appearing for the petitioner, the learned State Public Prosecutor and the learned Senior Counsel appearing for the intervenor, this Court is inclined to grant anticipatory bail to the petitioner with certain ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... be commissioned, a Lorry bearing Registration No.TN-30-AL-6946 dashed against the Car in which the defacto complainant's wife travelled and driver of the Car died on the spot. Wife of the defacto complainant sustained severe burn injuries and was admitted in St. John's Hospital, Bangalore, for further treatment. A case has been registered originally for the offences under Sections 279, 338 and 304(A) IPC and subsequently altered into Sections 143, 436, 302, 307, 149 and 120B IPC. 3.The learned Senior Counsel appearing for the petitioner submitted that the petitioner is no way connected with the alleged offence. The allegation against the petitioner is that he has conspired with the other accused and engaged them to commit murder ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... with the investigation and will abide by any condition that may be imposed by this Court and prayed for granting anticipatory bail. 4.The Deputy Superintendent of Police has filed a status report. The learned State Public Prosecutor appearing for the respondent Police submitted that the petitioner is the first accused and at his instigation only, A.2 to A.14 committed murder. The petitioner is absconding for more than one year. The petitioner is running paper manufacturing unit and the deceased wanted to start a paper manufacturing unit in the same locality. Due to business rivalry, the petitioner had arranged two gangs of hooligans to do away Neelima, wife of the defacto complainant. One Maharajan A.9 was arrested on 18.11.2019 and he ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Hon'ble Supreme Court reported in 2005 (2) SCC 42 (SC) [Kalyan Chandra Sarkar and Ors. v. Rajesh Ranjan and ors.] and prayed for dismissal of the anticipatory bail petition. 5.The learned Senior Counsel appearing for the intervenor submitted that the petitioner is the prime accused and he executed a well planned murder. Initially it was thought that incident was an accident but the preliminary investigation revealed that it was a murder. Unless the petitioner is taken into custody for interrogation to find out the truth and persons involved in the double murder, the accused persons will destroy and tamper all the evidences available against them. The accused persons are now attempting to escape from India and settle in a foreign cou ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ver and charge sheet is ready. There is no necessity for keeping the investigation pending just for the purpose of arresting the petitioner. In support of his contention, the learned Senior Counsel relied on the judgment of the Hon'ble Supreme Court reported in 2005 (2) SCC 13 [Jayendra Saraswathi Swamigal v. State of Tamil Nadu]. The learned Senior Counsel for the petitioner reiterated that the petitioner is arrayed as first accused only based on confession statements of other accused and on circumstantial evidence and prayed for granting anticipatory bail to the petitioner. 7. Heard the learned Senior Counsel appearing for the petitioner as well as the learned State Public Prosecutor appearing for the respondent Police and the lear ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... for one year from date of occurrence and all other accused were released on bail. Considering the contention of the learned Senior Counsel appearing for the petitioner, the learned State Public Prosecutor and the learned Senior Counsel appearing for the intervenor, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions, as the custodial interrogation of the petitioner is not necessary for the following reasons: (i) The date of occurrence is 11.11.2019 (ii) Other 13 accused were arrested and surrendered, their confessional statements were recorded and they were released on bail. (iii) 127 private witnesses were examined and their statements were recorded. (iv) 12 months is over from the date ..... X X X X Extracts X X X X X X X X Extracts X X X X
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