Sathiyamoorthy v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Thursday, the Twenty Sixth day of May Two Thousand Twenty Two PRESENT The Hon`ble Mr Justice D.BHARATHA CHAKRAVARTHY CRIMINAL ORIGINAL PETITION No.12571 of 2022 SATHIYAMOORTHY [ PETITIONER / ACCUSED ] Vs STATE REP BY [ RESPONDENT ] THE STATION HOUSE OFFICER, PENNADAM POLICE STATION, CUDDALORE DISTRICT - 606 105.

(CRIME NO.410/2022) For Petitioner : M/S. N.U.PRESSANNA Advocate For Respondent : MR.A.DAMODARAN, Additional Public Prosecutor 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 12.04.2022 for the alleged offence under Sections 147, 148, 294(b), 324, 506, 307 and 302 of IPC in Crime No.410 of 2022 on the file of the respondent police, seeks bail.

2. This is the case, where the deceased was way laid and attacked by the accused persons. The petitioner is Accused No. 7. The specific overt act attributed against the petitioner is that, he also attacked the deceased on the thigh with stones.

3. Considering the nature of occurrence and the fact that the petitioner was arrested on 12.04.2022 and also the fact that there is no previous bad antecedents as against the petitioner, I am inclined to grant bail to the petitioner.

4. 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, Tittagudi, on the following further 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 twice at 10.30 a.m., and 4.30 p.m., 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 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..

[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.

-sd/- 26/05/2022 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, TITTAGUDI.

2 THE CHIEF JUDICIAL MAGISTRATE CUDDALORE [FOR INFORMATION] 3 THE STATION HOUSE OFFICER, PENNADAM POLICE STATION, CUDDALORE DISTRICT - 606 105.

4 THE SUPERINTENDENT, CENTRAL PRISON,CUDDALORE.

5 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

+1CC to M/S. N.U.PRESSANNA Advocate on payment of necessary charges SR.No.7875 CRL OP.12571/2022 Date :26/05/2022 CSK 26/05/2022