Prasanth v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 12.07.2022

CORAM

THE HON'BLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No.15912 of 2022 Prasanth ...Petitioner Vs.

State, Rep. by The Inspector of Police, Mathigiri Police Station, Krishnagiri District.

Crime No.72 of 2022

...Respondent

PRAYER:-Criminal Original Petition is filed under Section 439 of Cr.P.C. praying to enlarge the petitioner on bail pending investigation on the file of the respondent police in Crime No.72 of 2022.

For Petitioner : Mr.V.Paarthiban For Respondent : Mr.A.Damodaran, Additional Public Prosecutor

ORDER

The petitioner, who was arrested and remanded to judicial custody on 25.05.2022 for the offence under Section 302 of IPC and later altered into Sections 302 and 120(B) of IPC, in Crime No.72 of 2022 on the file of the respondent police, seeks bail.

2.The case of the prosecution is that the petitioner is the son of A3. It is alleged that the petitioner and A3 conspired together and engaged A1 and A2 to do away the life of the deceased. Hence, the case. 3.The learned counsel appearing for the petitioner submitted that the petitioner is an innocent person and he has been falsely implicated in this case. He further submits that the petitioner was no present in the Scene of Crime. That apart, the petitioner was arrested and remanded to judicial custody on 25.05.2022. Hence, he prays for grant of bail to the petitioner. 4.The learned Additional Public Prosecutor submitted that petitioner along with A3 conspired together and engaged A1 and A2 to do away the life of the deceased. Hence, he opposed to grant bail to the petitioner.

5. Considering the facts and circumstances of the case and also considering the period of incarceration undergone by the petitioner i.e., from 25.05.2022, this Court is inclined to grant bail to the petitioner.

6. Accordingly, 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 blood related sureties, each for a like sum to the satisfaction of the learned Judicial Magistrate No.II, Hosur 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 daily at 10.30.a.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 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.

12.07.2022 Sma To

1. Judicial Magistrate No. II, Hosur 2.The Inspector of Police, Mathigiri Police Station, Krishnagiri District.

3.The Sub-Jail, Hosur.

4.The Public Prosecutor, High Court of Madras.

G.K.ILANTHIRAIYAN, J.

Sma Crl.O.P.No.15912 of 2022 12.07.2022