Venkatesan v. State Rep.By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 11.01.2022

CORAM:

THE HON'BLE MRS.JUSTICE T.V.THAMILSELVI Crl.O.P.No.480 of 2022 Venkatesan .. Petitioner Vs.

State Rep by

...Respondent

The Inspector of Police, Periyapalayalam Police Station, Thiruvallur District (Crime No.523 of 2021) PRAYER: Criminal Original Petition has been filed under Section 439 of Cr.P.C praying to enlarge the petitioner on bail pending investigation in Crime No.523 of 2021 on the file of the respondent police.

For Petitioner : Mr.M.Rajinikanth For Respondent : Mr.N.S.Suganthan Government Advocate

ORDER

The petitioner who was arrested and remanded to judicial custody on 09.11.2021 for the offences under Sections 174, and 201 of IPC altered to Sections 201, 302, 147 & 148 of IPC in Crime No.523 of 2021, on the file of the respondent police, seeks bail.

2. The case of the prosecution is that the defacto complainant lodged a complaint before the respondent police stating that blood stains were found in Munthirithoppu at Sengathankulam village as though a dead body was buried in that place. Further case of the prosecution is that the respondent police found a dead body without head buried was in that place and the head of the body was found in some other place. Hence, the complaint.

3. The learned Counsel for the petitioner submits that the petitioner has not committed any such offence as alleged by the prosecution and he has been falsely implicated in this case. He further submits he has been suffering incarceration for 60 days from 09.11.2021. Hence, he seeks for grant of bail to the petitioner.

4. The learned Government Advocate (Crl. Side) would raise objection stating that the petitioner is having one previous case is pending against the petitioner and the investigation almost completed.

5. Considering the facts and circumstances of the case and also the fact that the investigation is almost completed and also considering the period of incarceration undergone by the petitioner , this Court is inclined to grant bail to the petitioner with conditions.

[a] the Petitioner is ordered to be released on bail on executing his own bond for a sum of Rs.10,000/- (Rupees ten thousand only), before the Superintendent of the concerned prison, in which the petitioner has been confined and thereafter on his release; [b] the petitioner shall execute two sureties out of which, one must be a blood surety and another be a local surety, for a sum of Rs.10,000/- (Rupees Ten Thousand only), before the learned Judicial Magistrate No.I, Thiruvallur district, within 15 days from the date of commencement of the Court's normal functioning, failing which the bail granted by this Court shall stand dismissed automatically; [c]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; [d] the petitioner shall appear before the respondent police daily at 10.00 a.m, until further order;

[e]the petitioner shall not tamper with evidence or witness either during investigation or trial;

[f] the petitioner shall not abscond either during investigation or trial;

[g] 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;

[h]if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.

-sd/- 11/01/2022 This order, on being produced, be punctually observed and carried into execution by all concerned TRUE COPY Sub-Assistant Registrar (Statistics/C.S.) High Court, Madras - 600 104.

TO 1 THE JUDICIAL MAGISTRATE, NO.I, THIRUVALLUR.

2 THE CHIEF JUDICIAL MAGISTRATE THIRUVALLUR DISTRICT [FOR INFORMATION] 3 THE INSPECTOR OF POLICE, PERIYAPALAYAM POLICE STATION, THIRUVALLUR DISTRICT.

4 THE SUPERINTENDENT, CENTRAL PRISON, PUZHAL,CHENNAI.

5 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

+1CC to M/S.M.RAJINIKANTH Advocate on payment of necessary charges SR.No.541 CRL OP.480/2022 Date :11/01/2022 CSK 12/01/2022