Jeeva @ Jeevanandham 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.6213 of 2022 1.Jeeva @ Jeevanandham 2.Sankarapandian @ Sankar Pandian .. Petitioners Vs.

State rep. by The Inspector of Police, Tiruchengode Rural Police Station, Namakkal District.

(Crime No.45 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.45 of 2022 pending investigation on the file of the respondent Police. For Petitioners : Mr.C.S.Saravanan For Respondent : M/s.G.V.Kasthuri Additional Public Prosecutor ********

ORDER

The petitioners/A1 and A2, who were arrested for the offences punishable under Sections 342,323, 324, 307, 363 and 506(ii) of IPC in Crime No.45 of 2022, on the file of the respondent police, seek bail.

2. Learned Additional Public Prosecutor appearing for the respondent states that the investigation completed and the final report also filed. The defacto complainant has sustained grievous injury and got discharged on 02.03.2022.

3.Considering the above said fact, this Court is inclined to grant bail to these petitioners and accordingly, 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.25,000/-(Rupees Twenty Five Thousand only) with two sureties, each for a like sum to the satisfaction of the learned Judicial Magistrate,Tiruchengode.

(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 report before the Investigating Officer 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 petitioner 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/- 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, TIRUCHENGODE,NAMAKKAL DISTRICT.

2 THE CHIEF JUDICIAL MAGISTRATE NAMAKKAL [FOR INFORMATION] 3 THE INSPECTOR OF POLICE THIRUCHENGODE RURAL POLICE STATION, NAMAKKAL DISTRICT.

4 THE SUPERINTENDENT, CENTRAL PRISON, SALEM.

5 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

CC to M/S. C.S.SARAVANAN Advocate on payment of necessary charges CRL OP.6213/2022 Date :17/03/2022 CSK 21/03/2022