Shahul Hameed v. State Rep By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 17.03.2022
CORAM:
THE HON'BLE Dr. JUSTICE G.JAYACHANDRAN Crl.O.P.No.6148 of 2022 Shahul Hameed .. Petitioner Vs.
State rep. by The Station House Officer, T.R.Pattinam Police Station, Karaikal District.
(Crime No.97 of 2021-PRC No.2 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.97 of 2021 on the file of the Sessions Judge (FAC) Judge, at Karaikal. For Petitioner : Mr.R.Sreedhar For Respondent : Mr.V.Balamurugane Public Prosecutor (Puducherry) ********
ORDER
The petitioner, who was arrested for the offence punishable under Section 302 of IPC in Crime No.97 of 2021, on the file of the respondent police, seeks bail.
2. Based on a complaint given by the brother of the deceased regarding suspicious unnatural death of his sister, the petitioner has been arrested and in jail since 01.12.2021. 3.Learned Additional Public Prosecutor states that the investigation completed and final report also filed.
4. Considering the said fact and there is no apprehension of tampering the witnesses, 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.1,00,000/-(Rupees One Lakh only) with two sureties, each for a like sum to the satisfaction of the learned Judicial Magistrate-II, Karaikal.
(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 attend the trial on all hearings without fail.
(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/- 17/03/2022 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, KARAIKAL.
2 THE CHIEF JUDICIAL MAGISTRATE PUDUCHERRY [FOR INFORMATION] 3 THE SESSIONS (FAC)JUDGE, KARAIKAL.
4 THE STATION HOUSE OFFICER, T.R.PATTINAM POLICE STATION, KARAIKAL DISTRICT.
5 THE SUPERINTENDENT, CENTRAL PRISON, KALAPET, PUDUCHERRY.
6 THE PUBLIC PROSECUTOR PUDUCHERRY.
+1CC to M/S.R.SREEDHAR Advocate on payment of necessary charges SR.No.4156 CRL OP.6148/2022 Date :17/03/2022 CSK 21/03/2022