K.Sathish v. The State, Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 19.01.2024

CORAM

THE HON'BLE MR. JUSTICE C.V.KARTHIKEYAN 1.K.Sathish S/o. Kothandaraman 2.Chandrappa S/o. Bodappa

...Petitioners/Accused-1 & 2

Vs.

State represented by The Inspector of Police, Berigai Police Station, Krishnagiri, Krishnagiri District.

(Crime No.288 of 2023)

...Respondent

PRAYER:

Criminal Original Petition is filed under Section 439 of Cr.P.C. praying to enlarge the petitioner on bail concerned in Crime No.288 of 2023 on the file of the respondent, on such terms and conditions. For Petitioners : Mr.M.Sarathkumar For Respondent : Mr.L.Baskaran Government Advocate (Crl. Side) 1/5

ORDER

The petitioners/A1 & A2 who were arrested and remanded to judicial custody on 15.11.2023 for the offences originally registered under Sections 174 Cr.P.C and subsequently, altered to Section 302 of IPC, in Crime No.288 of 2023 on the file of the respondent Police, seek bail.

2.The learned counsel for the petitioners stated that the deceased had several enemies in that particular area and that the respondent have arrested the petitioners only on suspicion. It is stated that the petitioners are innocents.

3.The learned Government Advocate for the respondent pointed out the nature of injuries which are quite serious. Later the deceased was also hanged and for that reason, it was originally registered under Section 174 Cr.P.C. Investigation has not yet been completed. 4.The earlier application seeking bail in Crl.O.P.No.28421 of 2023 2/5

had been dismissed on 04.01.2024. At that time, it was observed that investigation has been completed and final report had not been filed. Today, the learned Government Advocate (Crl. Side) for the respondent stated that final report has been filed through e-filing on 17.01.2024. That is the significant change in circumstance when the application was dismissed on 04.01.2024. Taking that factor into consideration, I am inclined to grant bail to the petitioners subject to the following conditions: 5.Accordingly, the petitioners are ordered to be released on bail on condition to execute separate bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) each with two sureties, each for a like sum to the satisfaction of the District Munsif cum Judicial Magistrate Court No.

1, Hosur, and on further conditions that: - [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. [b] the petitioners shall appear before the respondent police everyday at 10.30 a.m.

everyday at 10.30 a.m., till it is committed to the Court of Sessions and thereafter, during the Court hearing dates before the Court of Sessions.

[c] the petitioners shall not abscond either during investigation or trial.

[d] the petitioners shall not tamper with evidence or witness either during investigation or trial.

[e] On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioners in accordance with law as if the conditions have been imposed and the petitioners 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].

[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.

19.01.2024 ata C.V.KARTHIKEYAN.

J.

ata To 4/5

1.The District Munsif cum Judicial Magistrate Court No.1, Hosur.

2.The Central Prison, Salem.

3.The Inspector of Police, T-3, Korattur Police Station, Chennai District.

4.The Public Prosecutor, High Court of Madras.

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