Aravinthakumar v. Inspector Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 08.04.2022
CORAM:
THE HON'BLE Dr. JUSTICE G.JAYACHANDRAN Crl.O.P.No.8195 of 2022 Aravinthakumar .. Petitioner Vs.
The State rep. by The Inspector of Police, Natarampalli Police Station, Thirupathur District.
(Crime No.6 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.6 of 2022 on the file of the respondent police.
For Petitioner : Mr.T.Saravanan For Respondent : Mrs.G.V.Kasthuri Additional Public Prosecutor ********
O R D E R
The petitioner, who was arrested on 06.01.2022 for the alleged offences under Sections 174, 120(b), 147, 302 of IPC in Crime No.6 of 2022, on the file of the respondent police, seeks bail. 2.Learned Additional Public Prosecutor appearing for the respondent states that the investigation is completed and final report is yet to be filed.
3.This petitioner, who was arrested for the alleged offence of murdering one Anbalagan in connivance with the other accused and being one of the hired killer, seeks bail on the ground that the investigation is already over and he is ready to abide by any condition.
4.Taking note of the fact and the submission of the learned Additional Public Prosecutor that the investigation is over and the final report will be filed soon after getting APP opinion, this court is inclined to grant bail to the petitioner. 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 Judicial Magistrate No.III, Thirupathur;
(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 till filing of the final report and thereafter before the learned Magistrate in the committal on the 01st and 15th of every English Calendar Month at 10.30 a.m. (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/- 08/04/2022 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 JUDICIAL MAGISTRATE, NO.III, THIRUPATHUR.
2 THE CHIEF JUDICIAL MAGISTRATE VELLORE DISTRICT. [FOR INFORMATION] 3 THE SUPERINTENDENT, CENTRAL PRISON, VELLORE.
4 THE INSPECTOR OF POLICE NATRAMPALLI POLICE STATION, THIRUPATHUR DISTRICT.
5 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
CC to M/S. T.SARAVANAN Advocate on payment of necessary charges CRL OP.8195/2022 Date :08/04/2022 RW 08/04/2022