Riyash Basha v. The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 22.04.2022

CORAM:

THE HON'BLE Dr. JUSTICE G.JAYACHANDRAN Crl.O.P.No.9175 of 2022 Riyash Basha .. Petitioner Vs.

The State by .. Respondent The Inspector of Police, D5 Marina Police Station, Chennai.

(Crime No.35 of 2022) PRAYER: Criminal Original Petition has been filed under Section 439 of Cr.P.C praying to enlarge the petitioner on bail in Crime No.35 of 2022 on the file of the Inspector of Police, D5 Marina Police Station, Chennai.

For Petitioner : Mr.C.Ganesh Pandian For Respondent : Mrs.G.V.Kasthuri Additional Public Prosecutor

ORDER

The petitioner, who was arrested on 04.02.2022 for the alleged offences under Sections 147, 148, 341, 302 and 506(2) of IPC in Crime No.35 of 2022, on the file of the respondent police, seeks bail.

2. The petitioner was arrested for the abovesaid alleged offences in connection with murder of one Ajith Kumar. 3.The learned Additional Public Prosecutor appearing for the respondent submits that investigation is completed and the final report is also filed.

4.Taking note of the abovesaid fact, 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 II Metropolitan Magistrate, Egmore, Chennai - 08. (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 learned Magistrate concerned daily at 10.30 a.m. till the case is committed to the Sessions Court.

(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/- 22/04/2022 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 METROPOLITAN MAGISTRATE, NO.II, EGMORE, CHENNAI-08.

2 THE CHIEF METROPOLITAN MAGISTRATE, EGMORE, CHENNAI. [FOR INFORMATION] 3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

4 THE INSPECTOR OF POLICE D5 MARINA POLICE STATION, CHENNAI.

5 THE SUPERINTENDENT, CENTRAL PRISON, PUZHAL, CHENNAI.

+1 CC to M/S.C.GANESH PANDIAN Advocate on payment of necessary charges SR.NO.6011 CRL OP.9175/2022 Date :22/04/2022 TA-22/04/2022