Subramani v. State Rep.By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 29.05.2024

CORAM

THE HON'BLE MR. JUSTICE S. SOUNTHAR 1.Subramani 2.Arumugam 3.Settu ... Petitioners Vs.

The State represented by The Inspector of Police, Arni Taluk Police Station, Arni, Tiruvannamalai District.

(Crime No.351 of 2024) ... Respondent PRAYER: Criminal Original Petition filed under Section 439 of Cr.P.C., prayed to enlarge the petitioners on bail in Crime No.351 of 2024 on the file of the respondent.

For Petitioners : Mr.S.L.Venkatesan For Respondent : Mr.Leonard Arul Joseph Selvam Government Advocate (Crl. Side)

ORDER

The petitioners were arrested and remanded to judicial custody on 16.05.2024 for the offences under Sections 294(b) & 306 of I.P.C, in Crime No.351 of 2024 on the file of the respondent Police, seeks bail. 1/4

2. The case of the prosecution is that the defacto complainant's mother died by committing suicide for the reason that the accused paid only a part of the sale proceeds.

3.The learned counsel for the petitioners stated that the petitioners are innocent person and they are no way connected with the alleged offence and also they are in judicial custody from 16.05.2024. 4.Heard both sides and perused the materials placed on record. 5.Having regard to the nature of allegations made against the petitioners and considering the period of incarceration, I am inclined to grant bail to the petitioners subject to conditions. 6.Accordingly, the petitioners are ordered to be released on bail on condition to execute bond each 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, Arni 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.

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[b] the petitioners shall report before the respondent Police, daily at 10.30 a.m., until further orders. [c] the petitioners shall not abscond either during investigation or trial.

[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 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 [(2005)AIR SCW 5560].

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

29.05.2024 dhk S. SOUNTHAR ,J.

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dhk To 1.The Judicial Magistrate, Arni 2.The Inspector of Police, The Inspector of Police, Arni Taluk Police Station, Arni, Tiruvannamalai District.

3.The Central Prison, Vellore

4. The Public Prosecutor, High Court of Madras. 29.05.2024 4/4