M.Nallamuthu v. The Sub-Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 21.02.2024

CORAM

THE HON'BLE MR. JUSTICE C.V.KARTHIKEYAN M. Nallamuthu ... Petitioner Vs.

The Sub- Inspector of Police, Chithode Police Station, Erode District Crime No.22 of 2024 ... Respondent PRAYER: Criminal Original Petition filed under Section 439 of Cr.P.C., prayed to enlarge the petitioner on bail in Crime No.22 of 2024 on the file of the respondent Police.

For Petitioner : Mr.B. Gopalakrishnan For Respondent : Mr.L.Baskaran Government Advocate (Crl. Side)

ORDER

The petitioner who was arrested and remanded to judicial custody on 10.01.2024 for the offences registered under Section 302 of IPC in Cr.No.22 of 2024 on the file of the respondent Police, seeks bail. 2.It is the case of the prosecution is that when the deceased was 1/4

standing in the road, the petitioner along with other accused had a wordy quarrel with the deceased, which escalated into violence and assault and thereby the deceased was murdered.

3. The learned Government Advocate(crl side) stated that the investigation officer had examined and recorded the statement of 19 witnesses. It is stated that investigation has proceeded to substantial extent. 4.Taking into consideration the period of incarceration and also of the fact that the investigation has been proceeded to substantial extent, 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 No.3, Erode 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, 2/4

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].

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

21.02.2024 smn To 1.The Judicial Magistrate No.3, Erode 2.The Sub- Inspector of Police, Chithode Police Station, Erode District.

3.The District Prison, Gobichettypalayam

4. The Public Prosecutor, High Court of Madras. C.V.KARTHIKEYAN,J.

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