Deva v. State Rep By The

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 01.04.2022

CORAM:

THE HON'BLE Dr. JUSTICE G.JAYACHANDRAN Crl.O.P.No.7324 of 2022 Deva .. Petitioner Vs.

The State rep. by The Inspector of Police, Needamangalam Police Station, Thiruvarur District.

(Crime No.659 of 2021) .. 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.659 of 2021 pending on the file of the respondent police. For Petitioner : Mr.P.Muthamizhselvakumar For Respondent : Ms.G.V.Kasthuri Additional Public Prosecutor ********

ORDER

The petitioner, who was arrested for the offences punishable under Sections 147, 148, 294(b), 341, 120(B), 307, 302, 506(ii) read with 109 of IPC in Crime No.659 of 2021, on the file of the respondent police, seeks bail.

2. This petitioner is arrayed as A5. Out of 11 accused, one accused, who is arrayed as A11, is yet to be secured. Learned Additional Public Prosecutor states that the final report has been filed showing the 11th accused as absconding and out of remaining 10 accused, this petitioner and A1 alone are in prison and rest of them were released on bail.

3.It is a case of murder of one Tamilaravan, who was done to death by his political rivals and this petitioner is one of the named accused. The release of this petitioner on bail is opposed by the learned Additional Public Prosecutor on the ground that he is a history sheeter and has two similar cases pending against him. However, considering the fact that the investigation is completed and

the final report already filed and this petitioner is in jail since 07.01.2022, this court of the view that the petitioner may be granted bail subject to certain conditions. Accordingly, the petitioner 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 District Munsif cum Judicial Magistrate Court, Needamangalam.

(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 District Munsif cum Judicial Magistrate, Needamangalam daily at 10.30 a.m. till the case is committed to the District and Sessions Court. (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/- 01/04/2022 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 DISTRICT MUNSIF CUM JUDICIAL MAGISTRATE, NEEDAMANGALAM, THIRUVARUR DISTRICT.

2 THE CHIEF JUDICIAL MAGISTRATE THIRUVARUR [FOR INFORMATION] 3 THE PRINCIPAL DISTRICT AND SESSIONS JUDGE, THIRUVARUR.

4 THE INSPECTOR OF POLICE, NEEDAMANGALAM POLICE STATION, THIRUVARUR DISTRICT.

5 THE OFFICER INCHARGE, DISTRICT PRISON, THIRUVARUR.

6 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

CC to M/S. P.MUTHAMIZHSELVAKUMAR Advocate on payment of necessary charges CRL OP.7324/2022 Date :01/04/2022 CSK 04/04/2022