Sathish Kumar @ Sathish v. The State Rep By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 18-02-2025
CORAM
THE HONOURABLE MR JUSTICE SUNDER MOHAN CRL OP NO. 14775 of 2024 Sathish Kumar @ Sathish .M.
S/o.Thirupathi, No.336/1, Pillaiyar Koil Street, Koottaru Malayanoorchakkadi Kuttar, Thiruvannamalai, Tamilnadu-606 708.
Petitioner(s) Vs The State Rep By The Inspector Of Police, W-33, All Women Police Station, Virugambakkam, Chennai.
Cr.No.10/2024.
Respondent(s) CRL OP NO. 14775 of 2024 For Petitioner(s):
C.V.Kumar P.Vishnu M.S.Vigneswaran A.Seshu Raja For Respondent(s):
Public Prosecutor
ORDER
This Court by order dated 27.06.2024 had granted interim bail to the petitioner and further directed the petitioner to co-operate with the investigation and also for the conduct of the DNA Test. The relevant portion of the order reads as follows:
"5. Accordingly, the petitioner is ordered to be released on interim bail on his executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties (out of which, one shall be a blood
related surety) each for a like sum to the satisfaction of the learned District Mahila Judge ( Fast Track Court) at Tiruvallur 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 appear before the respondent police on every alternative days at 10.30.a.m., for a period of three months and thereafter as and when required for interrogation.
[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 abscond, a fresh FIR can be registered under Section 229A IPC.
[g] the petitioner shall file an affidavit before the trial Court that he shall not have any communication with the victim girl.
[h] the petitioner shall co-operate with the DNA Test as per the manner known to law
6. Post the matter on 22.07.2024 for reporting compliance."
2. On 22.07.2024, this Court vide another order had recorded that the
petitioner had complied with other conditions, except the DNA Test, as the cases are taken up by seniority by the Forensic Sciences Laboratory. Thus, this Court granted extension by four more months. Thereafter, on 22.11.2024, the interim bail was further extended by four weeks for the same reason.
3. Today, when the matter was taken up for hearing, the learned counsel for the petitioner submitted that the DNA test was conducted, which was confirmed by the learned Government Advocate (Crl.Side).
4. In view of the same, the compliance is recorded. The interim bail granted already vide this Court order dated 27.06.2024 in Crl.OP.No.14775 of 2024, is made absolute and it is ordered as follows: "(i) The bond and sureties executed by the petitioner at the time of granting interim bail shall continue to be in force until further orders.
(ii) All other conditions except 5(b) (g) and (h), shall remain unaltered."
18.02.2025 stn/ars CRL OP NO. 14775 of 2024 To
1. The State Rep By
The Inspector Of Police, W-33, All Women Police Station, Virugambakkam, Chennai. Cr.No.10/2024.
2. The Public Prosecutor, High Court, Madras SUNDER MOHAN , J.
stn/ars CRL OP.No.14775 of 2024
18.02.2025