Madras High CourtCRL OP/7237/2022granted

Senthilkumar @ Senthil Kumar v. State Rep By

2022-03-29Honourable Dr Justice G. Jayachandran3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 29.03.2022

CORAM:

THE HON'BLE Dr. JUSTICE G.JAYACHANDRAN Crl.O.P.No.7237 of 2022 SenthilKumar @ Senthil Kumar ... Petitioner Vs.

The State rep. by The Inspector of Police, Natrampalli Town Police Station, (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 herein on bail in Crime No.6 of 2022, on the file of the Inspector of Police, Natrampalli Police Station / Respondent herein.

For Petitioner : Mr.T.Shanmugam For Respondent : Ms.G.V.Kasthuri Additional Public Prosecutor ********

ORDER

The petitioner/A3, who was arrested on 06.01.2022 for the offences punishable under Sections 174(3) C.R.P.C altered into 120(B), 147 and 302 I.P.C. in Crime No.6 of 2022, on the file of the respondent police, seeks bail.

2. The petitioner herein is arrayed as A3 in a case of murder organised by A1 and A2 through this petitioner by hiring A4 to A7. Due to illicit intimacy, the deceased was living with his concubine deserting his wife, who is arrayed as A1 in this case. As a consequence, A1 and her father had approached this petitioner to organise murder by hiring killers who had done away the deceased on the pre dawn hours on 05.01.2022. The petitioner was arrested on 06.01.2022. The statements of the witnesses have already been recorded.

3.Learned Additional Public Prosecutor states that the investigation is almost completed and viscera report was received yesterday and after getting the opinion of Public Prosecutor, final report will be filed.

4. Considering the fact that the investigation is almost completed, 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.25,000/- (Rupees Twenty Five Thousand only) with two sureties, each for a like sum to the satisfaction of the learned Judicial Magistrate-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;

(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/- 29/03/2022 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.III, THIRUPATHUR 2 THE CHIEF JUDICIAL MAGISTRATE VELLORE [FOR INFORMATION] 3 THE INSPECTOR OF POLICE, NATRAMPALLI TOWN POLICE STATION, 4 THE SUPERINTENDENT, CENTRAL PRISON, VELLORE 5 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

+1 CC to M/S.T.SHANMUGAM Advocate on payment of necessary charges SR.NO.4655 CRL OP.7237/2022 Date :29/03/2022 JPA 29/03/2022