Selvarathinam v. The Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 02.03.2022

CORAM:

THE HON'BLE MR.JUSTICE DR.G.JAYACHANDRAN Crl.O.P.No.4964 of 2022 Selvarathinam .. Petitioner Vs.

The State rep. by The Inspector of Police, Kannan Kurichi Police Station, Salem, Salem District.

(Crime No.136 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 Crime No.136 of 2022 on the file of the respondent police. For Petitioner : Mr.R.Rajarajan For Respondent : M/s.G.V.Kasthuri Additional Public Prosecutor ********

ORDER

The petitioner, who was arrested and remanded to judicial custody on 17.02.2022 for the offences punishable under Sections 307 of IPC in Crime No.136 of 2022, on the file of the respondent police, seeks bail.

2. Learned Additional Public Prosecutor appearing for the respondent submitted that the First Information Report has been registered against the petitioner herein for causing a fracture to the defacto complainant in the course of road range while coming down from Yercaud hills. It is stated that the victim has been discharged from the hospital. Recording her submission, this Court is inclined to grant bail to the petitioner subject to certain conditions. 3.Accordingly, the petitioner is ordered to be released on bail subject to the following conditions;

(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 Judicial Magistrate No.IV, Salem. (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 as and when required;

(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 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/- 02/03/2022 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.IV, SALEM.

2 THE CHIEF JUDICIAL MAGISTRATE SALEM DISTRICT [FOR INFORMATION] 3 THE INSPECTOR OF POLICE, KANNAN KURICHI POLICE STATION, SALEM, SALEM DISTRICT.

4 THE OFFICER CHARGE, SUB JAIL, AATHUR.

5 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

+1CC to M/S. R.RAJARAJAN Advocate on payment of necessary charges SR.No.3165 CRL OP.4964/2022 Date :02/03/2022 CSK 02/03/2022