Tamilselvan v. State Rep.By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 09.02.2024

CORAM

THE HON'BLE MR. JUSTICE C.V.KARTHIKEYAN 1.Tamilselvan 2.Manikandan

...Petitioners/Accused-1 & 2

Vs.

State represented by The Inspector of Police, Tholasampatty Police Station, Salem District.

(Crime No.231 of 2023)

...Respondent

PRAYER:

Criminal Original Petition is filed under Section 439 of Cr.P.C. praying to enlarge the petitioners on bail concerned in Crime No.231 of 2023 on the file of the respondent police on such terms and conditions. For Petitioners : Mr.C.Deepakkumar For Respondent : Mr.L.Baskaran Government Advocate (Crl. Side) 1/4

ORDER

The petitioners/A1 and A2 in Crime No.231 of 2023, registered by the respondent police for the offences under Sections 342 and 302 of IPC and the petitioner had been remanded to custody on 19.11.2023, seek bail.

2.The deceased is the grandmother of the 1st petitioner. It is stated that the father of the 1st petitioner committed suicide and the 1st petitioner was of the impression that it was the deceased who was the root cause for such suicide and when she was sleeping both the accused had cut her and she died. It is a family dispute but had escalated into violence and death. 3.Taking into consideration the period of incarceration, I am inclined to grant bail to the petitioners subject to the following conditions:

4.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 Judicial Magistrate, Omalur, and on further conditions 2/4

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 report before the respondent police everyday at 10.30 a.m., until further orders. [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.

09.02.2024 ata C.V.KARTHIKEYAN.

J.

3/4

ata To 1.The Judicial Magistrate, Omalur.

2.Central Prison, Salem.

3.The Inspector of Police, Tholasampatty Police Station, Salem District.

4.The Public Prosecutor, High Court of Madras.

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