Rajkumar v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 19.04.2022

CORAM:

THE HON'BLE Dr. JUSTICE G.JAYACHANDRAN Crl.O.P.No.8821 of 2022 Rajkumar .. Petitioner Vs.

The State rep. by The Inspector of Police, Naduveerapattu Police Station, Cuddalore District.

(Crime No.50 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.50 of 2022 pending on the file of the respondent police. For Petitioner : Mr.R.Chakkaravarthy For Respondent : Mrs.G.V.Kasthuri Additional Public Prosecutor

ORDER

The petitioner, who was arrested for the offences punishable under Section 147, 148, 294(b), 323, 324, 506(ii) and 307 I.P.C. altered to 147, 148, 294(b), 323, 324, 506(ii), 307 and 302 I.P.C. in Crime No.50 of 2022, on the file of the respondent police, seeks bail.

2. Earlier, when the petitioner moved for bail, this Court dismissed the same on 05.04.2022 holding that releasing the petitioner on bail is not conducive for proper investigation. Now, the learned Additional Public Prosecutor appearing for the respondent states that the investigation is completed and the final report is filed. Recording the same and in view of the change in circumstances, 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 Judicial Magistrate No.I, Cuddalore;

(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 concerned Judicial Magistrate every Monday of English Calendar month 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 himselfas 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/- 19/04/2022 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, NO.I, CUDDALORE.

2 THE CHIEF JUDICIAL MAGISTRATE CUDDALORE [FOR INFORMATION]

3 THE INSPECTOR OF POLICE, NADUVEERAPATTU POLICE STATION, CUDDALORE DISTRICT.

4 THE OFFICER INCHARGE SUB JAIL, CUDDALORE.

5 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

+1 CC to M/S.R.CHAKKARAVARTHY Advocate on payment of necessary charges SR.NO.5768 CRL OP.8821/2022 Date :19/04/2022 JPA 20/04/2022