Subash v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 26.04.2022

CORAM:

THE HON'BLE Dr. JUSTICE G.JAYACHANDRAN Crl.O.P.No.8726 of 2022 Subash .. Petitioner Vs.

The State rep. by The Inspector of Police, Kanchi Taluk Police Station, Kancheepuram District.

(Crime No.172 of 2022) .. Respondent PRAYER: Criminal Original Petition has been filed under Section 439 of Cr.P.C praying to enlarge the petitioner on bail pending trial in P.R.C.No.4 of 2022 on the file of the Judicial Magistrate No.II, Kanchipuram For Petitioner : Mr.R.Sasikumar For Respondent : Mrs.G.V.Kasthuri Additional Public Prosecutor ********

O R D E R

The petitioner, who was arrested on 20.02.2022 for the offences punishable under Sections 174 Cr.P.C later altered into Sections 147, 148, 294(b), 342 and 302 of IPC in Crime No.172 of 2022, on the file of the respondent police, seeks bail.

2.The petitioner herein is arrayed as A3 in a case of murder seeks bail. The F.I.R was registered on 20.02.2022 under section 174 of Cr.P.C. indicating suspicious death of one Ravi and later on investigation, came to be a murder caused by the petitioner and others due to petty quarrel over cell phone.

4. The investigation is completed and the final report filed and assigned P.R.C.No.4 of 2022. In the said 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.25,000/- (Rupees Twenty Five Thousand only) with two sureties, each for a like sum to the satisfaction of the learned Judicial Magistrate No.II, Kancheepuram;

(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 on every Monday 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/- 26/04/2022 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.II, KANCHEEPURAM.

2 THE CHIEF JUDICIAL MAGISTRATE CHENGALPATTU. [FOR INFORMATION] 3 THE SUPERINTENDENT, CENTRAL PRISON, PUZHAL, CHENNAI.

4 THE INPSECTOR OF POLICE, KANCHI TALUK POLICE STATION, KANCHEEPURAM DISTRICT.

5 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

+1 CC to M/S. R.SASIKUMAR Advocate on payment of necessary charges SR.NO. 6265 CRL OP.8726/2022 Date :26/04/2022 RW 26/04/2022