Chinnadurai v. The State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 16.03.2022

CORAM:

THE HON'BLE Dr. JUSTICE G.JAYACHANDRAN Crl.O.P.No.5731 of 2022 Chinnadurai .. Petitioner Vs.

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

(Crime No.43 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.43 of 2022 on the file of Respondent of police.

For Petitioner : Mr.T.Muruganandam for Mr.P.Pandiyaraj For Respondent : M/s.G.V.Kasthuri Additional Public Prosecutor ********

ORDER

The petitioner/A2, who was arrested on 23.02.2022 for the offences punishable under Sections 294(b) and 306 of IPC in Crime No.43 of 2022, on the file of the respondent police, seeks bail.

2. This petitioner is arrayed as the second accused in a case of suicide based on the statement alleged to have been recorded by the victim in a cell phone. To verify as to whether this petitioner was the cause for the victim's death committing suicide, this Court called for the alleged statement of the victim recorded in the cell phone.

3.Today, the learned Additional Public Prosecutor appearing for the respondent produced the recorded conversation. On reading this alleged statement of the deceased for the cause of his suicide, this Court is of the view that the petitioner herein, who stood as mediator between the victim and Bhoopal, has been implicated by the

victim for not assisting him. He has also implicated the Sub Inspector of Police of the concerned station for not taking action.

3. Considering, the material against this petitioner herein, this Court is of the view that petitioner may be granted bail 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 Judicial Magistrate-II, Tindivanam.

(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 stay at Cuddalore and report before Cuddalore O.T. Police 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 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/- 16/03/2022 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-II, TINDIVANAM.

2 THE CHIEF JUDICIAL MAGISTRATE VILLUPURAM [FOR INFORMATION] 3 THE INSPECTOR OF POLICE, PERIYATHATCHUR POLICE STATION, VILLUPURAM DISTRICT.

4 THE OFFICER INCHARGE, DISTRICT JAIL, VEDAMPATTU, VILLUPURAM.

5 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

6 THE INSPECTOR OF POLICE/STATION HOUSE OFFICER, CUDDALORE OT POLICE STATION, CUDDALORE.

+1CC to M/S.P.PANDIYARAJ Advocate on payment of necessary charges SR.No.3982 CRL OP.5731/2022 Date :16/03/2022 CSK 16/03/2022