Sharukhan v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Thursday, the Seventh day of February Two Thousand Nineteen PRESENT The Hon`ble Mr Justice N. ANAND VENKATESH CRIMINAL ORIGINAL PETITION No.3207 of 2019 SHARUKHAN [ PETITIONER / ACCUSED ] Vs STATE REP BY [ RESPONDENT ] THE INSPECTOR OF POLICE, G-3 KILPAUK TRAFFIC INVESTIGATION, CHENNAI. CR.NO.13 OF 2019.

For Petitioner : M/S.A.MANOJKUMAR Advocate For Respondent : MRS.PRABHAVATHI, ADDL. PUBLIC PROSECUTOR PETITION FOR BAIL 439 Cr.P.C.

ORDER : The Court Made the following order :- The petitioner, who was arrested and remanded to judicial custody on 20.01.2019 for the offences under Sections 279 and 304 (ii) of IPC in Crime No.13 of 2019 on the file of the respondent police, seek bail.

2. The case of the prosecution is that this petitioner drove the lorry in a rash and negligent manner and dashed against a two wheeler that resulted in the instantaneous death of the two wheeler driver. The petitioner was arrested and remanded to judicial custody on 20.01.2019.

3.The learned Additional Public Prosecutor submitted that the investigation has already been completed and final report has already been filed.

4. Taking into consideration the facts and circumstances of the case, this Court is inclined to grant bail.

5. Accordingly, the petitioner is ordered to be released on bail, on his executing a bond for a sum of Rs.5,000/- (Rupees five thousand only) with two sureties (out of which one of them shall be a blood surety), each for a like sum to the satisfaction of the learned VI Metropolitan Magistrate, Egmore 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 respondent police daily at 10.30 a.m for a period of two weeks and thereafter, as and when required for interrogation.

[c] the petitioner shall not tamper with evidence or witness either during investigation or trial.

[d] the petitioner shall not abscond 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]. [f] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.

-sd/- 07/02/2019 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 METROPOLITAN MAGISTRATE, NO.VI, EGMORE.

2 THE CHIEF METROPOLITAN MAGISTRATE, EGMORE, CHENNAI.

[FOR INFORMATION] 3 THE SUPERINTENDENT, CENTRAL PRISON, PUZHAL.

4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

5 THE INSPECTOR OF POLICE, G-3 KILPAUK TRAFFIC INVESTIGATION, CHENNAI.

+1 CC to M/S.A.MANOJKUMAR Advocate on payment of necessary charges-Sr.2753 CRL OP.3207/2019 Date :07/02/2019 ths : 07.02.2019