P.S.Kumaravel @ Kumaran v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 29.04.2022

CORAM:

THE HON'BLE Dr. JUSTICE G.JAYACHANDRAN Crl.O.P.Nos.10342 and 10344 of 2022 P.S.Kumaravel @ Kumaran .. Petitioner in Crl.O.P.No.10342 of 2022 Mani @ Arunagiri .. Petitioner in Crl.O.P.No.10344 of 2022 Vs.

The State rep. by The Inspector of Police, M-3, Puzhal Police Station, Puzhal, Chennai 600 066.

(Crime No.372 of 2022) .. Respondent in both Crl.O.Ps.

COMMON PRAYER: Criminal Original Petitions have been filed under Section 439 of Cr.P.C praying to enlarge the petitioners on bail in Crime No.372 of 2022 pending investigation on the file of the Inspector of Police, M-3 Puzhal Police Station, Chennai. For Petitioners in both the Crl.O.Ps : Mr.C.D.Johnson For Respondent in both the Crl.O.Ps : Mrs.G.V.Kasthuri Additional Public Prosecutor.

COMMON ORDER The petitioners, who were arrested for the offences punishable under Sections 147, 148, 323, 324, 294(b), 307 now altered to 302 of IPC in Crime No.372 of 2022, seek bail.

2.The dispute between the petitioners regarding the parking of the vehicle has led to murder of Paratharaman and grievous injury to the defacto complainant.

3.Learned Additional Public Prosecutor appearing for the respondent states that the investigation is completed and the final report is filed and taken on file in P.R.C.No.4/2022.

4.Considering the above fact, 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 Judicial Magistrate, Madhavaram;

(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 Judicial Magistrate daily at 10.30 a.m., till the completion of the committal process.

(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/- 29/04/2022 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, MADHAVARAM.

2 THE CHIEF JUDICIAL MAGISTRATE TIRUVALLUR [FOR INFORMATION]

3 THE INSPECTOR OF POLICE, M-3,PUZHAL POLICE STATION, PUZHAL,CHENNAI-600 006.

4 THE SUPERINTENDENT CENTRAL PRISON, PUZHAL, CHENNAI.

5 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

+2CC to M/S C.D.JOHNSON Advocate on payment of necessary charges SR.NOs.6528+6527 CRL OP.NOs.10342&10344/2022 Date :29/04/2022 CSK 29/04/2022