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Madras High CourtCRL OP/8425/2022granted

Ramu v. State Rep By

2022-04-25Honourable Dr Justice G. Jayachandran3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 25.04.2022

CORAM:

THE HON'BLE Dr. JUSTICE G.JAYACHANDRAN Crl.O.P.No.8425 of 2022 Ramu .. Petitioner Vs.

The State rep. by The Inspector of Police, Denkanikottai Police Station, Krishnagiri District.

(Crime No.510 of 2021) .. Respondent PRAYER: Criminal Original Petition has been filed under Section 439 of Cr.P.C praying to enlarge the petitioner on bail pending investigation in Crime No.510 of 2021 on the file of the respondent police.

For Petitioner : Mr.M.Jayachandran For Respondent : Mrs.G.V.Kasthuri Additional Public Prosecutor ********

O R D E R

The petitioner, who was arrested on 06.03.2022 for the offences punishable under Sections 174 of Cr.P.C altered into 147, 148, 294 (b), 302 of IPC in Crime No.510 of 2022, on the file of the respondent police, seeks bail.

2. The petitioner herein was arrested on 06.03.2022 in connection with the murder of one Suresh on 20.11.2021.

3. According to the prosecution, due to business rivalry between one Mahesh Kumar/A1 and the deceased, the said Mahesh Kumar along with his associates brutally attacked the said Suresh all over his body with deadly weapons and caused his death.

4. The learned counsel for the petitioner states that except A15, all the other accused were arrested and except this petitioner, they are released on bail.

5. The learned Additional Public Prosecutor for the respondent police submits that the investigation is completed and viscera report is awaited.

6. In the light of the above fact, this Court is inclined to grant bail to the 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 District Munisf Cum Judicial Magistrate, Denkanikottai;

(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 daily at 10.30 a.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/- 25/04/2022 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 DISTRICT MUNSIF CUM JUDICIAL MAGISTRATE, DENKANIKOTTAI, KRISHNAGIRI DISTRICT.

2 THE CHIEF JUDICIAL MAGISTRATE KRISHNAGIRI DISTRICT. [FOR INFORMATION] 3 THE SUPERINTENDENT, CENTRAL JAIL, SALEM.

4 THE INSPECTOR OF POLICE, DENKANIKOTTAI POLICE STATION, KRISHNAGIRI DISTRICT.

5 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

+1 CC to M/S.M.JAYACHANDRAN Advocate on payment of necessary charges SR.NO. 6098 CRL OP.8425/2022 Date :25/04/2022 RW 26/04/2022