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Madras High CourtCRL OP/3767/2022granted

Srinivasan v. The State Rep By Its

2022-03-03Honourable Dr Justice G. Jayachandran3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 03.03.2022

CORAM:

THE HON'BLE MR.JUSTICE DR.G.JAYACHANDRAN Crl.O.P.No.3767 of 2022 Srinivasan .. Petitioner Vs.

The Inspector of Police, .. Respondent Denkanikottai Police Station, Krishnagiri District.

(Crime No.50 of 2022) PRAYER: Criminal Original Petition has been filed under Section 439 of Cr.P.C praying to release the petitioner on bail pending investigation in Crime No.50 of 2022 on the file of the respondent. For Petitioner : Mr.M.P.Saravanan For Respondent : M/s.G.V.Kasthuri Additional Public Prosecutor

ORDER

The petitioner, who was arrested for the offences punishable under Sections 294(b), 307 IPC, in Crime No.50 of 2022, on the file of the respondent police, seeks bail.

2.The petitioner herein was remanded to the judicial custody on 06.02.2022 for the alleged offence of stabbing the defacto complainant, due to the wordy quarrel with regard to the parking of vehicle. The defacto complainant was admitted in the hospital on 06.02.2022, after treatment he was discharged on 15.02.2022. 3.Learned Additional Public Prosecutor appearing for the respondent submitted that the investigation almost completed. Recording the same, the petitioner is ordered to be released on bail on a condition to report before the Investigating Officer daily at 10.30 a.m. until further orders.

(a) the petitioner shall execute a bond for a sum of Rs.50,000/- (Rupees Fifty Thousand only) with two sureties, each for a like sum to the satisfaction of the learned District Munsif Cum- Judicial Magistrate, Denkanikottai.

(b) the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the learned Magistrate may obtain a copy of their Aadhar Card or Bank Pass Book to ensure their identity;

(c) the petitioner is directed to report before the Investigating Officer daily at 10.30.a.m., until further orders.

(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 Principal Session Judge, Krishnagiri 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];

(f) if the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.

-sd/- 03/03/2022 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 DISTRICT MUNSIF CUM JUDICIAL MAGISTRATE, DENKANIKOTTAI, KRISHNAGIRI.

2 THE CHIEF JUDICIAL MAGISTRATE KRISHNAGIRI. [FOR INFORMATION] THE PRINCIPAL SESSION JUDGE, KRISHNAGIRI DISTRICT.

4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

5 THE INSPECTOR OF POLICE, DENKANIKOTTAI POLICE STATION, KRISHNAGIRI DISTRICT.

6 THE SUPERINTENDENT, CENTRAL PRISON, SALEM.

CC to M/S.M.P.SARAVANAN Advocate on payment of necessary charges CRL OP.3767/2022 Date :03/03/2022 TA-04/03/2022