Shankar v. The State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 22.04.2022

CORAM:

THE HON'BLE Dr. JUSTICE G.JAYACHANDRAN Crl.O.P.No.9227 of 2022 1.Shankar 2.Gurunathan @ Pakkiri 3.Parthipan 4.Sekar .. Petitioners Vs.

The State rep. by The Sub-Inspector of Police, Chithamur Police Station, Chengalpet District.

(Crime No.61 of 2022) .. Respondent PRAYER: Criminal Original Petition has been filed under Section 439 of Cr.P.C praying to enlarge the Petitioners/Accused on bail pending investigation in Crime No.61 of 2022 on the file of the respondent police.

For Petitioners: Mr.J.Suresh For Respondent : Mrs.G.V.Kasthuri Additional Public Prosecutor ********

O R D E R

The petitioners, who were arrested for the alleged offences under Section 306 of IPC in Crime No.61 of 2022, on the file of the respondent police, seek bail.

2. The petitioners, who are the village community leaders, are alleged to have harass the deceased to pay Rs.30 lakhs to the family one Ellappan and unable to bear their pressure, it is alleged that the deceased Annadurai committed suicide. The petitioners herein were arrested for the offence under section 306 IPC. Out of seven accused, three accused are still absconding.

3.However, taking note of the fact that the investigation does not require the custodial interrogation of these petitioners, 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, Cheyyur.

(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 Investigating Officer daily at 10.30 a.m until further orders. (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/- 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 JUDICIAL MAGISTRATE, CHEYYUR.

2 THE CHIEF JUDICIAL MAGISTRATE CHENGALPATTU. [FOR INFORMATION] 3 THE OFFICER INCHARGE, SUB JAIL, CHENGALPET.

4 THE SUB-INSPECTOR OF POLICE, CHITHAMUR POLICE STATION, CHENGALPET DISTRICT.

5 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

+1 CC to M/S.E.EZHIL CAROLINE Advocate on payment of necessary charges SR.NO. 6008 CRL OP.9227/2022 Date :22/04/2022 RW 22/04/2022