Sasikumar v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 09.03.2022

CORAM:

THE HON'BLE Dr. JUSTICE G.JAYACHANDRAN Crl.O.P.No.5283 of 2022 Sasikumar .. Petitioner Vs.

State rep. by S.H.O.Kattumanarkoil Police Station, Cuddalore District.

(Crime No.111 of 2022) .. Respondent PRAYER: Criminal Original Petition has been filed under Section 439 of Cr.P.C praying to enlarge the petitioner on bail pending investigation in Crime No.111 of 2022 on the file of the respondent police.

For Petitioner : Mr.G.Nirmal Krishnan For Respondent : M/s.G.V.Kasthuri Additional Public Prosecutor ********

O R D E R

The petitioner, who was arrested on 08.02.2022 for the offences punishable under Sections 174 of Cr.P.C. subsequently altered into 306 of I.P.C. in Crime No.111 of 2022, on the file of the respondent police, seeks bail.

2. It is a case where the petitioner has been arrested on the basis that one Kaviarasu committed suicide because of the pressure extorted on him by the petitioner to repay the loan. 3.Learned Additional Public Prosecutor appearing for the respondent submitted that from the statement of the witnesses, the involvement of the petitioner herein to abet Kaviarasu to commit suicide has come to light. Hence, he was arrested. The petitioner is in Central Prison, Cuddalore for the past one month and the investigation is almost completed.

4.Taking note 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.50,000/- (Rupees Fifty Thousand only) with two sureties, each for a like sum to the satisfaction of the learned District Munsif Cum Judicial Magistrate, Kattumanarkoil, Cuddalore District. (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/- 09/03/2022 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 DISTRICT MUNSIF CUM JUDICIAL MAGISTRATE, KATTUMANARKOIL, CUDDALORE DISTRICT.

2 THE CHIEF JUDICIAL MAGISTRATE CUDDALORE DISTRICT. [FOR INFORMATION]

3 THE SUPERINTENDENT, CENTRAL PRISON, CUDDALORE.

4 THE INSPECTOR OF POLICE, S.H.O KATTUMANARKOIL POLICE STATION, CUDDALORE DISTRICT.

5 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

+1 CC to M/S.G.NIRMAL KRISHNAN Advocate on payment of necessary charges SR.NO. 3610 CRL OP.5283/2022 Date :09/03/2022 RW 10/03/2022