Chinnadurai v. The State By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 24.03.2022
CORAM:
THE HON'BLE Dr. JUSTICE G.JAYACHANDRAN Crl.O.P.No.6660 of 2022 Chinnadurai .. Petitioner Vs.
State rep. by The Inspector of Police, Thiruvannamalai Taluk Police Station, Thiruvannamalai District.
(Crime No.105 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.105 of 2022, on the file of the Inspector of Police, Thiruvannamalai Taluk Police Station, Thiruvannamalai District.
For Petitioner : Mr.S.Silambuselvan For Respondent : Ms.G.V.Kasthuri Additional Public Prosecutor ********
O R D E R
The petitioner/A1, who was arrested on 09.02.2022 for the offences punishable under Sections 294(b), 324, 307, 34 of IPC, read with Section 25(1B)(a) and 27(1) of Arms Act in Crime No.105 of 2022, on the file of the respondent police, seeks bail.
2. The petitioner herein has engaged the other two accused to kill the victim defacto complainant using country gun, since he has suspected the intimacy of the victim with his wife. 3.Learned Additional Public Prosecutor for the respondent states that the injured defacto complainant discharged from the hospital on 09.03.2022 and the substantial portion of the investigation completed.
3. Considering the above submission, 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.50,000/- (Rupees Fifty Thousand only) with two sureties, each for a like sum to the satisfaction of the learned Judicial Magistrate No.2, Thiruvannamalai.
(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 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/- 24/03/2022 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, NO.II, THIRUVANNAMALAI DISTRICT.
2 THE CHIEF JUDICIAL MAGISTRATE THIRUVANNAMALAI DISTRICT. [FOR INFORMATION] 3 THE SUPERINTENDENT, CENTRAL PRISON, VELLORE.
4 THE INSPECTOR OF POLICE, THIRUVANNAMALAI TALUK POLICE STATION, THIRUVANNAMALAI DISTRICT.
5 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
+1 CC to M/S.S.SILAMBUSELVAN Advocate on payment of necessary charges SR.NO. 4417 CRL OP.6660/2022 Date :24/03/2022 RW 24/03/2022