Balamurugan v. The State Rep By Its,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 27.04.2022
CORAM:
THE HON'BLE Dr. JUSTICE G.JAYACHANDRAN Crl.O.P.Nos.8916 and 8918 of 2022 1.Balamurugan 2.Renuka Devi .. Petitioners in Crl.O.P.No.8916 of 2022 Rajkumar alias Rajakumaran .. Petitioner in Crl.O.P.No.8918 of 2022 Vs.
The State of Tamil Nadu rep. by The Inspector of Police, Thiruthuraipoondi Police Station, Tiruvarur District.
(Crime No.94 of 2022) .. Respondent in both the Crl.O.Ps.
COMMON PRAYER: Criminal Original Petition has been filed under Section 439 of Cr.P.C praying to enlarge the petitioners on bail in Crime No.94 of 2022 on the file of the Inspector of Police, Thiruthuraipoondi Police Station, Tiruvarur District. For Petitioners in both Crl.O.Ps : Mr.K.M.Subramanian For Respondent in both Crl.O.Ps : Mrs.G.V.Kasthuri Additional Public Prosecutor ******** COMMON ORDER The petitioners, who were arrested for the offences punishable under Sections 294(b), 324, 506(ii) and 307 of IPC later altered to Sections 294(b), 324, 506(ii) and 302 of IPC in Crime No.94 of 2022, on the file of the respondent police, seek bail.
2. The petitioners herein are the accused in a case registered by the respondent police in Crime No.94/2022 dated 26.02.2022. It was initially registered for the offence under Sections 294 (b), 324, 506(ii) and 307 I.P.C. and later it was altered to Sections 294 (b), 324, 506(ii) and 302 I.P.C., since the said Bharathi Mohan died two days later after the registration of the F.I.R.
3.Learned Additional Public Prosecutor appearing for the respondent states that the investigation is completed and the final report is filed. In the said circumstances, this Court is inclined to grant bail to the petitioners. Accordingly, the petitioners are ordered to be released on bail subject to the following conditions; (a) Each of the petitioners 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 Court, Thiruthuraipoondi; (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 petitioners are directed to report before the concerned Magistrate on every Monday at 10.30 a.m., till the committal of the case.
(d) the petitioners 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 petitioners in accordance with law as if the conditions have been imposed and the petitioners 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/- 27/04/2022 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, THIRUTHURAIPOONDI.
2 THE CHIEF JUDICIAL MAGISTRATE THIRUVARUR [FOR INFORMATION] 3 THE INSPECTOR OF POLICE THIRUTHURAIPOONDI POLICE STATION, TIRUVARUR DISTRICT 4 THE SUPERINTENDENT, CENTRAL PRISON, TIRUCHIRAPPALLI.
5 THE SUPERINTENDENT, WOMEN PRISON, TIRUCHIRAPPALLI.
6 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
+2 CC to M/S.K.M.SUBRAMANIAN Advocate on payment of necessary charges SR.Nos.6333 & 6332 CRL Ops.8916 & 8918/2022 Date :27/04/2022 JPA 28/04/2022