Suresh @ Muthuvadivel v. State Rep By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 13.04.2022
CORAM:
THE HON'BLE Dr. JUSTICE G.JAYACHANDRAN Crl.O.P.No.8550 of 2022 Suresh @ Muthuvadivel .. 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 respondent police.
For Petitioner : Mr.V.Vijayakumar For Respondent : Ms.G.V.Kasthuri Additional Public Prosecutor ********
O R D E R
The petitioner, who was arrested for the offences punishable under Section 174 Cr.P.C. @ 304(2), 201 of IPC read with 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. It is a case where a young boy by name Venkatesan aged 19 was found dead on the bund of a lake on 20.03.2022. His mother gave a complaint suspecting the family members of Sneha with whom the deceased had love affair. Later investigation has revealed that the accused and the cultivating tenant to protect their agricultural produce fenced their land and illegally given electrical connection to the offence. The deceased has accidentally crossed the electrical fence and died on 18.03.2022. On the next day morning, when the cultivating tenant came to the field, saw the dead body and informed the land owner. To avoid police investigation, they have removed the
dead body and left it near the river bund, which is near to their field and also removed all the wires and materials used for electrifying the fence. The petitioner was arrested on 21.03.2022. 3.Learned Additional Public Prosecutor appearing for the respondent states that the investigation is almost completed and they are waiting for viscera report for filing final report. 4.Taking note of the above fact, this Court is inclined to grant bail to this 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, 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 appear 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/- 13/04/2022 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, KRISHNAGIRI DISTRICT.
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.VIJAYAKUMAR Advocate on payment of necessary charges SR.NO. 5617 CRL OP.8550/2022 Date :13/04/2022 RW 13/04/2022