S.Lidiya v. State Rep. By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 21.02.2024

CORAM

THE HON'BLE MR. JUSTICE C.V.KARTHIKEYAN S. Lidiya ... Petitioner Vs.

State represented Inspector of Police, T2, Ambattur Estate Police Station, Chennai.

( Crime No.682 of 2023) ... Respondent PRAYER: Criminal Original Petition filed under Section 439 of Cr.P.C., prayed to enlarge the petitioner on bail in Crime No.682 of 2023 on the file of the respondent.

For Petitioner : Mr.R. Sreedhar For Respondent : Mr.L.Baskaran Government Advocate (Crl. Side)

ORDER

The petitioner, who was arrested and remanded to judicial custody on 17.12.2023, for the offences registered under Sections 302 of I.P.C altered 1/5

to 147,148,341,302, 120B r/w 34 of I.P.C, in Crime No.682 of 2023 on the file of the respondent Police, seeks bail.

2. The case of the prosecution is that there was enmity between the petitioner and the deceased family due to the murder of brother-in-law of the petitioner. As a retaliation, when the deceased came out of the house, this petitioner along with other accused had murdered the deceased.

3. The learned Government Advocate for the respondent submitted that they have examined 21 witness, which would indicate that there is substantial progress in the investigation. It is stated that charge sheet has also been filed .

5.Taking into consideration the period of incarceration and there is substantial progress in the investigation, I am inclined to grant bail to the petitioner subject to the following conditions: 5.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 Court, Ambattur and on further conditions that:- 2/5

[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 stay at Nagapattinam and report before the Nagapattinam Town police Station-B- I everyday at 10.30 a.m., for a period of two weeks and thereafter before the respondent police station 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].

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

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To 1.The Judicial Magistrate Court, Ambattur 2.Inspector of Police, T2, ambattur Estate Police Station, Chennai.

3.The Central Prison, Puzhal, Chennai.

4. The Public Prosecutor, High Court of Madras. 4/5

C.V.KARTHIKEYAN, J.

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