Arun @ Arun Kumar 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.No.10380 of 2022 1.Arun @ Arun Kumar 2.Srikanth 3.Karun .. Petitioners Vs.
The State rep. by The Inspector of Police, B3, Kanchi Taluk Police Station, Kancheepuram.
(Crime No.172 of 2022) .. Respondent PRAYER: Criminal Original Petition has been filed under Section 439 of Cr.P.C praying to enlarge the petitioners on bail pending trial in P.R.C.No.4 of 2022 on the file of the Judicial Magistrate No.II, Kancheepuram.
For Petitioners: Mr.P.Babu Janardhan For Respondent : Mrs.G.V.Kasthuri Additional Public Prosecutor.
O R D E R
The petitioners, who were arrested on 22.02.2022 for the offences punishable under Sections 147, 148, 294(b), 342, 302 of IPC in Crime No.172 of 2022, seek bail.
2.The petitioners are the accused 1, 4 and 5 in the case of murder and they were arrested on 22.02.2022.
3.Learned Additional Public Prosecutor appearing for the respondent submits that the investigation is completed and the final report is filed.
4.Considering the said 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 learned Judicial Magistrate-II, Kancheepuram;
(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 learned Magistrate daily at 10.30 a.m. till the committal. (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, NO.II, KANCHEEPURAM.
2 THE CHIEF JUDICIAL MAGISTRATE CHENGALPATTU. [FOR INFORMATION] 3 THE SUPERINTENDENT, CENTRAL PRISON, PUZHAL, CHENNAI.
4 THE INSPECTOR OF POLICE, B3, KANCHI TALUK POLICE STATION, KANCHEEPURAM.
5 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
+1 CC to M/S.P.BABU JANARDHAN Advocate on payment of necessary charges SR.NO. 6543 CRL OP.10380/2022 Date :29/04/2022 RW 29/04/2022