Suresh v. The State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 20.04.2022

CORAM:

THE HON'BLE Dr. JUSTICE G.JAYACHANDRAN Crl.O.P.No.8873 of 2022 Suresh .. Petitioner Vs.

The State rep. by The Inspector of Police, Velipalaiyam Police Station, Nagapattinam District.

(Crime No.839 of 2021) .. Respondent PRAYER: Criminal Original Petition has been filed under Section 439 of Cr.P.C praying to enlarge the petitioner on bail in S.C.No.42 of 2022 pending on the file of Learned Principal District and Session Judge, Nagapattinam in Crime No.839 of 2021 on the file of the Inspector of Police, Velipalaiyam Police Station, Nagapattinam District. For Petitioner : Mr.P.Muthamizhselvakumar For Respondent : Mrs.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 and later altered to Section 302 of IPC in Crime No.839 of 2021 on the file of the respondent police, seeks bail. 2.The petitioner is paramour of one Abarna had alleged to have caused the death of four year old child of Abarna. Both Abarna and this petitioner were arrested .

3.Learned counsel for the petitioner states that the petitioner was arrested on 28.07.2021, the final report was already filed and committed to the Court of Sessions and the matter is listed for framing charges. To defend his case, the petitioner seeks bail. 4.Taking note of the fact that the matter is posted for framing charge and the petitioner is in the judicial custody for the past more than 6 months, 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 Principal District and Session Judge, Nagapattinam;

(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 Sessions Court on every Monday at 10.30 a.m. till the end of the trial.

(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/- 20/04/2022 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 PRINCIPAL DISTRICT AND SESSION JUDGE, NAGAPATTINAM.

2 THE SUPERINTENDENT, CENTRAL PRISON, TRICHY.

3 THE INSPECTOR OF POLICE, VELIPALAIYAM POLICE STATION, NAGAPATTINAM DISTRICT.

4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

CC to M/S. P.MUTHAMIZHSELVAKUMAR Advocate on payment of necessary charges CRL OP.8873/2022 Date :20/04/2022 RW 21/04/2022