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Madras High CourtCRL OP/4996/2022granted

Karthi v. State By

2022-03-07Honourable Dr Justice G. Jayachandran3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 07.03.2022

CORAM:

THE HON'BLE MR.JUSTICE DR.G.JAYACHANDRAN Crl.O.P.No.4996 of 2022 Karthi .. Petitioner Vs.

State rep. by The Inspector of Police, Kedar Police Station, Villupuram District.

(Crime No.2 of 2022) .. Respondent PRAYER: Criminal Original Petition has been filed under Section 439 of Cr.P.C praying to enlarge the petitioner on bail in relating to the case registered as Crime No.2 of 2022 on the file of the respondent police.

For Petitioner : M/s.V.Suguna For Respondent : M/s.G.V.Kasthuri Additional Public Prosecutor ********

O R D E R

The petitioner, who was arrested on 31.01.2022 for the offences punishable under Section 294(b), 323, 498(A) of IPC @ 304 (B) IPC in Crime No.2 of 2022, on the file of the respondent police, seeks bail. 2.The dying declaration of the victim lady, who is the wife of the petitioner herein indicates that there is no role of the petitioner herein in the suicide of the victim lady.

3. In view of the above fact, bail is granted to the petitioner and he is ordered to be released on bail subject to the following conditions;

(a) The petitioner shall execute a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) with two sureties, each for a like sum to the satisfaction of the learned The Judicial Magistrate No.II,Villupuram.

(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 appear 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 Judicial 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.

-sd/- 07/03/2022 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 JUDICIAL MAGISTRATE, NO.II, VILLUPURAM.

2 THE CHIEF JUDICIAL MAGISTRATE VILLUPURAM DISTRICT. [FOR INFORMATION] 3 THE OFFICER INCHARGE, SUB JAIL, GINGEE.

4 THE INSPECTOR OF POLICE, KEDAR POLICE STATION, VILLUPURAM DISTRICT.

5 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

+1 CC to M/S.C.MUNUSAMY Advocate on payment of necessary charges SR.NO. 3486 CRL OP.4996/2022 Date :07/03/2022 RW 07/03/2022