K.Anbazagan v. The Inspector Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 05.04.2022
CORAM:
THE HON'BLE Dr. JUSTICE G.JAYACHANDRAN Crl.O.P.No.7491 of 2022 K.Anbazagan .. Petitioner Vs.
The State rep. by The Inspector of Police, Singarapettai Police Station, Krishnagiri District.
(Crime No.87 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.87 of 2022 on the file of the Inspector of Police, Singarapettai Police Station, Krishnagiri.
For Petitioner : Mr.V.Balaji For Respondent : Mrs.G.V.Kasthuri Additional Public Prosecutor ********
O R D E R
The petitioner, who was arrested for the alleged offences under Sections 304(2), 201 IPC read with Section 135(1)(e) of the Indian Electricity Act 2003 in Crime No.87 of 2022, on the file of the respondent police, seeks bail.
2.The petitioner herein was arrested on 21.03.2022 on a complaint given by one Latha that her son was found dead near the lake and it was due to love affair with one Sneha and she suspected that the relatives of Sneha would have murdered her son. However, the investigation has turned out to be a case of electrocution and this petitioner, who claims to be the lessee of the nearby field owned by one Suresh, has fenced his field and electrified it illegally. While the deceased was crossing the said fence, he got electrocuted and died. To screen the evidence, this petitioner along with the other accused has removed the body from their field and left
it on the bank of nearby lake. The prosecution has recorded the statements of the witnesses and collected the materials implicating this petitioner and others.
3.Learned Additional Public Prosecutor appearing for the respondent states that the examination of the witnesses and recording statement is completed and the viscera report is awaited. 4.Taking note of the above fact, this Court is of the view that the petitioner may be granted bail. 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, Uthangarai; (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 as and when required.
(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/- 05/04/2022 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, UTHANGARAI.
2 THE CHIEF JUDICIAL MAGISTRATE KRISHNAGIRI DISTRICT. [FOR INFORMATION] 3 THE OFFICER INCHARGE, SUB JAIL, KRISHNAGIRI.
4 THE INSPECTOR OF POLICE SINGARAPETTAI POLICE STATION, KRISHNAGIRI DISTRICT.
5 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
+1 CC to M/S.V.BALAJI Advocate on payment of necessary charges SR.NO. 5120 CRL OP.7491/2022 Date :05/04/2022 RW 05/04/2022