Karthick @ Vellakutty @ Annamalai v. The State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Thursday, the Nineteenth day of May Two Thousand Twenty Two PRESENT The Hon`ble Mr Justice N. ANAND VENKATESH CRIMINAL ORIGINAL PETITION No.11909 of 2022 KARTHICK @ VELLAKUTTY @ ANNAMALAI [ PETITIONER / ACCUSED ] Vs THE STATE REP BY [ RESPONDENT ] THE INSPECTOR OF POLICE, DEEVATTIPATTY POLICE STATION, SALEM DISTRICT.

CRIME NO.109 OF 2022 For Petitioner : M/S.C.DEEPAK KUMAR Advocate For Respondent : M/S.S.SANTHOSH, Govt. Advocate ( Crl. Side) PETITION FOR BAIL 439 Cr.P.C.

ORDER : The Court Made the following order :- The petitioner, who was arrested and remanded to judicial custody on 25.02.2022 for the alleged offence under Section 302 of IPC in Crime No.109 of 2022 on the file of respondent police, seeks bail.

2. The case of the prosecution is that a dispute arose between the petitioner and the deceased regarding grazing of cattle in a Poramboke land. The petitioner is said to have assaulted the deceased by attacking him with deadly weapons and the same resulted in his death. The prosecution is developing the case to circumvent the evidence based on the earlier disputes between the parties.

3. Heard Mr.C.Deepak Kumar, learned counsel for the petitioner and Mr.S.Santhosh, learned Government Advocate (Criminal Side) for the respondent.

4. In the present case, the petitioner has already suffered incarceration for nearly 84 days and investigation is almost completed and the Investigation Officer is awaiting for Viscera Report and thereafter, the final report will be filed before the concerned Court. There are no previous cases against the petitioner.

5. Accordingly, the petitioner is ordered to be released on bail on his executing a bond for a sum of Rs.10,000/- (Rupees ten thousand only) with two sureties, each for a like sum to the satisfaction of the learned Judicial Magistrate, Omalur, subject to the following conditions:

[a] the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity. [b] the petitioner shall report before the respondent police daily at 10.30 am, until further orders.

[c] the petitioner shall not tamper with evidence or witness either during investigation or trial.

[d] the petitioner shall not abscond either during investigation or trial.

[e] On breach of any of the aforesaid conditions, the learned 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 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/- 19/05/2022 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, OMALUR.

2 THE CHIEF JUDICIAL MAGISTRATE SALEM. [FOR INFORMATION] 3 THE SUPERINTENDENT, CENTRAL PRISON, SALEM.

4 THE INSPECTOR OF POLICE, DEEVATTIPATTY POLICE STATION, SALEM DISTRICT.

5 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

+1 CC to M/S.C.DEEPAK KUMAR Advocate on payment of necessary charges SR.NO. 7470 CRL OP.11909/2022 Date :19/05/2022 RW 19/05/2022