Mohan Kumar v. State By The Inspector Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 23.03.2022
CORAM:
THE HON'BLE Dr. JUSTICE G.JAYACHANDRAN Crl.O.P.No.6689 of 2022 Mohan Kumar .. Petitioner Vs.
State rep. by The Inspector of Police, Auroville Police Station, Villupuram District.
(Crime No.49 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 relating to Crime No.49 of 2022 pending investigation on the file of respondent police.
For Petitioner : Mr.C.Munusamy For Respondent : Ms.G.V.Kasthuri Additional Public Prosecutor ********
O R D E R
The petitioner, who was arrested for the offences punishable under Section 304(2) of IPC in Crime No.49 of 2022, on the file of the respondent police, seeks bail.
2. Due to the petitioner's recklessness and negligence of not closing the incomplete bore well, two children aged about 4 years and 3 years died. The petitioner was arrested on 09.02.2022.
3. Learned Additional Public Prosecutor for the respondent states that the investigation is completed and viscera report is awaited.
4. Considering the completion of investigation, this Court grants bail to the petitioner herein 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.25,000/- (Rupees Twenty Five Thousand only) with two sureties, each for a like sum to the satisfaction of the learned Judicial Magistrate, Vanur. (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 report 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/- 23/03/2022 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, VANUR.
2 THE CHIEF JUDICIAL MAGISTRATE VILUPPURAM DISTRICT. [FOR INFORMATION] 3 THE OFFICER INCHARGE, GINGEE SUB JAIL, VILLUPURAM DISTRICT.
4 THE INSPECTOR OF POLICE, AUROVILLE POLICE STATION, VILLUPURAM DISTRICT.
5 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
+1 CC to M/S.C.MUNUSAMY Advocate on payment of necessary charges SR.NO. 4325 CRL OP.6689/2022 Date :23/03/2022 RW 23/03/2022