Akash v. The State Rep.By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 14.03.2022
CORAM:
THE HON'BLE Dr. JUSTICE G.JAYACHANDRAN Crl.O.P.No.5813 of 2022 1.Akash 2.Ashokan .. Petitioners Vs.
State rep. by The Inspector of Police, Melpatti Police Station, Vellore District.
(Crime No.1 of 2022) .. Respondent PRAYER: Criminal Original Petition has been filed under Section 439 of Cr.P.C praying to enlarge the petitioners on bail in Crime No.1 of 2022 pending investigation on the file of the respondent police. For Petitioners : Mr.T.Saravanan For Respondent : M/s.G.V.Kasthuri Additional Public Prosecutor ********
ORDER
The petitioners/A1 and A2, who were arrested on 01.01.2022 for the offences punishable under Sections 294(b), 302, 323, 506(ii) of IPC, read with Section 4 of TNPHW Act in Crime No.1 of 2022, on the file of the respondent police, seeks bail.
2.The petitioners/accused are the son and the father. They were arrested on 01.01.2022 for the murder of one Vinith aged 23 years. The occurrence had taken place during the quarrel arose on the New Year celebration. The family of the victim had gone to the accused house to question him as to why he has misbehaved with one Kannagi and Vimal. At that time, these petitioners had retaliated and the second petitioner has caught hold of Vinith, the first petitioner stabbed him with knife causing his death. These petitioners are in jail for the past 72 days.
3.Learned Additional Public Prosecutor appearing for the respondent states that the investigation is verge of completion.
4.Taking note of the circumstances when the offence has been committed, this Court is of the view that the bail may be granted to the petitioners. Accordingly, bail is granted to the petitioners and they are ordered to be released on bail subject to the following conditions;
(a)Each of the petitioners 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, Gudiyatham.
(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 petitioners are directed to stay at Ranipet and report before BHEL Police station daily at 10.30 a.m. until further orders. (d) the petitioners 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/- 14/03/2022 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, GUDIYATHAM, VELLORE.
2 THE CHIEF JUDICIAL MAGISTRATE VELLORE DISTRICT [FOR INFORMATION] 3 THE INSPECTOR OF POLICE, MELPATTI POLICE STATION, VELLORE DISTRICT.
4 THE SUPERINTENDENT, CENTRAL JAIL, VELLORE.
5 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
6 THE OFFICER CHARGE, BHEL POLICE STATION, RANIPET.
+1CC to M/S.T.SARAVANAN Advocate on payment of necessary charges SR.No.3821 CRL OP.5813/2022 Date :14/03/2022 CSK 15/03/2022