Thatchanamoorthi v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 30.03.2022

CORAM:

THE HON'BLE Dr. JUSTICE G.JAYACHANDRAN Crl.O.P.No.7367 of 2022 Thatchanamoorthi ... Petitioner Vs.

The State rep. by The Inspector of Police, Naduveerapattu Police Station, Cuddalore District.

(Crime No.50 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.50 of 2022 on the file of the Inspector of Police, Naduveerapattu Police Station, Cuddalore District.

For Petitioner : M/s.S.Sowmiya For Respondent : Ms.G.V.Kasthuri Additional Public Prosecutor ********

ORDER

The petitioner/A7, who was arrested for the offences punishable under Sections 147, 148, 294(b), 323, 324, 506(ii), 307 of IPC altered to under Sections 147, 148, 294(b), 323, 324, 506(ii), 307 and 302 of I.P.C. in Crime No.50 of 2022, on the file of the respondent police, seeks bail.

2. This petition for bail is filed by A7 in a case where one Panneer Selvam done to death due to previous enmity and his son had sustained grievous injury. The occurrence took place on 19.01.2022. The case was registered for the offence under section 307 I.P.C. later altered to 302 I.P.C. after the death of the said Panneer Selvam.

3. Earlier, this Court on considering the gravity of the crime and the stage of investigation, dismissed the bail petition. Now, it appears that the investigation is almost completed. Hence, this court is 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 Judicial Magistrate-I, Cuddalore.

(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 stay at Villupuram and report before Villupuram Town Police daily at 10.30a.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/- 30/03/2022 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.I, CUDDALORE 2 THE CHIEF JUDICIAL MAGISTRATE CUDDALORE [FOR INFORMATION] 3 THE INSPECTOR OF POLICE, NADUVEERAPATTI POLICE STATION, CUDDALORE DISTRICT.

4 THE SUPERINTENDENT, CENTRAL JAIL, CUDDALORE.

5 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

6 THE OFFICER INCHARGE VILLUPURAM TOWN POLICE STATION, VILLUPURAM DISTRICT.

+1 CC to M/S. M.SELVAM Advocate on payment of necessary charges SR.NO.4821 CRL OP.7367/2022 Date :30/03/2022 JPA 31/03/2022