Mr. Thilak v. Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 22.03.2022

CORAM:

THE HON'BLE Dr. JUSTICE G.JAYACHANDRAN Crl.O.P.No.6533 of 2022 1.Thilak 2.Pawan 3.Moorthy .. Petitioners Vs.

State rep. by The Inspector of Police, Mathigiri Police Station, Krishnagiri District.

(Crime No.02 of 2022) .. Respondent PRAYER: Criminal Original Petition has been filed under Section 439 of Cr.P.C praying to enlarge the petitioners on bail pending investigation in Crime No.02 of 2022 on the file of the respondent police.

For Petitioners : Mr.M.P.Saravanan For Respondent : M/s.G.V.Kasthuri Additional Public Prosecutor ********

ORDER

The petitioners/A1 to A3, who were arrested on 02.01.2022 for the offences punishable under Sections 147, 148, 302 of IPC in Crime No.02 of 2022, on the file of the respondent police, seek bail. 2.This is the second bail petition filed by these petitioners who are arrayed as A1 to A3 in a case of murder occurred on 01.01.2022. Due to previous enmity, these petitioners along with the other three accused persons have attacked the deceased Mohan Babu with deadly weapon causing multiple injuries all over his body and caused instant death of the deceased. These petitioners were arrested on 02.01.2022. The co-accused A4 to A6 were released on bail on 14.03.2022. 3.According to the learned Public Prosecutor, the investigation is completed and they are waiting for viscera report.

4.Considering the stage of investigation, this Court is of the view that the bail may be granted to these 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-II, Hosur.

(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 shall at Salem District and report before Fair Land Police Station, Salem 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/- 22/03/2022 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, HOSUR.

2 THE CHIEF JUDICIAL MAGISTRATE KRISHNAGIRI [FOR INFORMATION]

3 THE INSPECTOR OF POLICE MATHIGIRI POLICE STATION, KRISHNAGIRI DISTRICT.

4 THE SUPERINTENDENT, CENTRAL PRISON, SALEM.

5 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

6 THE OFFICER INCHARGE, FAIR LAND POLICE STATION, SALEM, SALEM DISTRICT.

CC to M.P.SARAVANAN Advocate on payment of necessary charges CRL OP.6533/2022 Date :22/03/2022 CSK 22/03/2022