Sarathkumar v. The State Rep By Its,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 09.05.2024

CORAM

THE HON'BLE MR. JUSTICE K. KUMARESH BABU SarathKumar. K

...Petitioner

Vs.

State Represented by Inspector of Police, K-2 Ayanavaram Police Station, Ayanavaram, Chennai District.

( Crime No.4 of 2024)

...Respondent

PRAYER: Criminal Original Petition is filed under Section 439 of Cr.P.C. praying to enlarge the petitioner on bail in Crime No.4 of 2024 on the file of the respondent Police.

For petitioner : Mr. O. Ravi For Respondent : Mr.S.Santhosh Government Advocate (Crl. Side) 1/5

ORDER

The petitioner, who was arrested and remanded to judicial custody on 04.01.2024 for the offences registered by the respondent Police under Sections 328 of I.P.C and Sections 279,304(A), 134(a),134(b) r/w 187 of Motor Vehicles Act altered to 302,120(b) of I.P.C in Crime No.4 of 2024, seeks bail.

2.The case of the prosecution is that the petitioner had illegal affair with A1 and when it was questioned by the deceased, at the instigation of this A3, A1 along with the petitioner dashed the car against the two wheeler driven by the deceased and murdered him. Hence, the complaint. 3.The learned Government Advocate (crl.side) stated that the petitioner had murdered the deceased. He further submitted that after investigation, the section was altered into 302 and 120B of I.P.C. Hence, he vehemently opposed for grant of bail.

4.Taking all the factors into consideration and the period of incarceration and also of the fact that the investigation was completed, 2/5

this Court is inclined to grant bail to the petitioner subject to the following conditions:

5. Accordingly, the petitioner is ordered to be released on bail on condition to execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) each with two sureties, each for a like sum to the satisfaction of the learned V Metropolitan Magistrate at Egmore, Chennai and on further conditions that :- [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, on every Monday and Friday at 10.30 a.m., and 5:30 p.m until further orders.

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

[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 Magistrate/Trial Court is entitled to take appropriate action against the petitioner in accordance 3/5

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.

09.05.2024 smn To

1. The V Metropolitan Magistrate at Egmore, Chennai

2. The Central Prison,Puzhal

3. Inspector of Police, K-2 Ayanavaram Police Station, Ayanavaram, Chennai District.

( Crime No.4 of 2024) 4.The Public Prosecutor, High Court of Madras. 4/5

K. KUMARESH BABU.

J.

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