Appu v. State Rep By

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.5246 of 2022 Appu .. Petitioner Vs.

State rep. by The Inspector of Police, R.K.Pet Police Station, Thiruvallur District.

(Crime No.18 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.18 of 2022 pending investigation on the file of the respondent police. For Petitioner : Mr.C.Chokkalingam For Respondent : M/s.G.V.Kasthuri Additional Public Prosecutor ********

O R D E R

The petitioner, who was arrested on 30.01.2022 for the offences punishable under Section 174 of Cr.P.C. read with 306 of IPC in Crime No.18 of 2022, on the file of the respondent police, seeks bail. Originally the F.I.R. Was registered under Section 174 of Cr.P.C. later altered under Section 306 of I.P.C.

2.The petitioner herein seeks bail where a 17 years old girl committed suicide on 28.01.2022 and based on the complaint given by the paternal aunt of the deceased, case has been registered against this petitioner alleging that he was compelling the deceased girl to marry him though the deceased was not interested in marriage and was interested in pursuing her studies.

3.Learned Additional Public Prosecutor appearing for the respondent submitted that the petitioner was arrested on 30.01.2022 and the investigation has been substantially 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 The District Munsif Cum Judicial Magistrate, Pallipet.

(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. till 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 DISTRICT MUNSIF CUM JUDICIAL MAGISTRATE, PALLIPET, THIRUVALLUR DISTRICT.

2 THE CHIEF JUDICIAL MAGISTRATE THIRUVALLUR DISTRICT[FOR INFORMATION] 3 THE SUPERINTENDENT, CENTRAL PRISON, PUZHAL, CHENNAI.

4 THE INSPECTOR OF POLICE, R.K.PET POLICE STATION, THIRUVALLUR DISTRICT.

5 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

+1 CC to M/S C.CHOKKALINGAM Advocate on payment of necessary charges SR.NO. 3445 CRL OP.5246/2022 Date :07/03/2022 RW 07/03/2022