Ajith @ Mittai Ajith v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 19.03.2024

CORAM

THE HON'BLE MR. JUSTICE C.V.KARTHIKEYAN Ajith @ Mittai Ajith ..Petitioner Vs.

State represented by The Inspector of Police, SIPCOT Police Station, Tiruvallur.

(Crime No.188 of 2022). ...Respondent PRAYER: Criminal Original Petition is filed under Section 439 of Cr.P.C. praying to enlarge the petitioner on bail in Crime No.188 of 2022 on the file of the respondent police.

For Petitioner : Mr.S.Karthick For Respondent : Mr.L.Baskaran Govt. Advocate (Crl. Side)

ORDER

The petitioner/A3, who was arrested and remanded to judicial custody on 02.02.2024 for the offences originally registered by the 1/4

respondent Police under Section 174 Cr.P.C and subsequently altered to Sections 302 and 201 IPC in Crime No.188 of 2022 on the file of the respondent, seeks bail.

2.The learned counsel for the petitioner stated that the petitioner has been taken into custody only based on the confession of A1 and A2. The petitioner is arrayed as A3 and A4 is a juvenile. 3.It is stated that the deceased was having intimacy with practically all the accused. Owing to various issues in that particular affair, the incident happened leading to the death of the deceased. 4.It is stated that A1 and A2 had been granted bail. 5.Taking all the factors into consideration and the period of incarceration, this Court is inclined to grant bail to the petitioner subject to the following conditions:

6.Accordingly, the petitioner is ordered to be released on bail on condition to execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties, each for a like sum to the satisfaction of the learned District Munsif cum Judicial Magistrate, Gummidipoondi and on further conditions that:

[a] the sureties shall affix their photographs and Left 2/4

Thumb Impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity.

[b] the petitioner shall report before the respondent police everyday at 10.30 a.m., until further orders. [c] the petitioner shall not abscond either during investigation or trial.

[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 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.

19.03.2024 vkr C.V.KARTHIKEYAN.

J.

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vkr To 1.The District Munsif cum Judicial Magistrate, Gummidipoondi.

2. The Central Prison, Puzhal.

3.The Inspector of Police, SIPCOT Police Station, Tiruvallur.

4.The Public Prosecutor, High Court of Madras. 19.03.2024 4/4