V.Allimuthu v. State Rep.By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 12.02.2024

CORAM

THE HON'BLE MR. JUSTICE C.V.KARTHIKEYAN V.Allimuthu

...Petitioner/Accused

Vs.

State represented by The Inspector of Police, Namagiripet Police, Namakkal District.

(Crime No.264 of 2023)

...Respondent

PRAYER:

Criminal Original Petition is filed under Section 439 of Cr.P.C. praying to enlarge the petitioner on bail in Crime No.264 of 2023 on the file of the respondent police.

For Petitioner : Mr.L.Rajendran For Respondent : Mr.L.Baskaran Govt. Advocate (Crl. Side) 1/4

ORDER

The petitioner, who was arrested and remanded to judicial custody on 09.11.2023 for the offences punishable under Section 302 IPC and Section 7(a), 25(1)(A) r/w Section 27(3) of Arms Act in Crime No.264 of 2023, seeks bail.

2.It is stated that the deceased was having illicit intimacy with the wife of the petitioner and they were also leaving separately. Thereafter, on 30.10.2023, when the defacto complainant and the deceased were in their house, the petitioner had shot the deceased with the single whole country made gun causing death. It is also stated that investigation has been completed and the report of the Forensic Science Laboratory alone is awaited.

3.Taking all these factors into consideration and the period of incarceration suffered by the petitioner, I am inclined to grant bail to the petitioner, but however, directing the petitioner to stay at Vellore and sign before the Inspector of Police, Vellore South Police Station, Vellore District and subject to the following conditions: 2/4

4.Accordingly, the petitioner is ordered to be released on bail on condition to execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties, each for a like sum to the satisfaction of the learned Judicial Magistrate, Rasipuram, Namakkal District, 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 petitioner shall report before the Inspector of Police, Vellore South Police Station, Vellore District, everyday at 10.30 a.m., until further orders. [c] the petitioner shall not abscond either during investigation or trial.

[d] the petitioner 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 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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C.V.KARTHIKEYAN.

J.

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

12.02.2024 smv To

1. The Judicial Magistrate, Rasipuram, Namakkal District.

2. The Central Prison, Salem.

3.The Inspector of Police, Namagiripet Police, Namakkal District.

4.The Inspector of Police, Vellore South Police Station, Vellore District.

5.The Public Prosecutor, High Court of Madras.

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