Natarajan @ Raju v. The State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 28.06.2024

CORAM

THE HON'BLE MRS.JUSTICE T.V.THAMILSELVI Crl.O.P.No.15274 of 2024 1.Natarajan @ Raju 2.Vinu @ Vino 3.Arulmani ... Petitioners Vs.

State Rep by.

The Inspector of Police Malliyakarai Police Station, Salem District. Crime No. 54 of 2024 ... Respondent PRAYER: Criminal Original Petition filed under Section 439 of Cr.P.C., pleased to enlarge the petitioners on bail in Crime No. 54 of 2024 pending investigation on the file of the respondent police. For Petitioners : Mr.E.Kannadasan For Respondent : Mr.V.Meganathan, B.A., B.L., Government Advocate (Crl. Side) 1/5

O R D E R

The petitioners, who were arrested and remanded to judicial custody on 02.05.2024 for the alleged offences punishable under Sections 294(b), 323, 324, 506(ii) IPC @ 294(b), 323, 324, 506(ii), 302 IPC in crime No. 54 of 2024 on the file of the respondent, seek bail.

2. The case of the prosecution is that the petitioners along with other accused persons attacked the victim with wooden log and iron rod due to which the petitioner sustained grievous injuries and died. Hence, the case.

3. The learned counsel for the petitioner submits that the petitioners have been falsely implicated in this case and they were no way connected with the alleged offence. Hence, he prays to allow this petition.

4. The learned Government Advocate (Crl Side) submits that the final report has been filed in this case.

5. Considering the period of incarceration undergone by the petitioners and also the investigation has been completed and the final report also taken on file in PRC No. 28 of 2024. Hence, this Court is inclined to grant bail to the petitioners with the following conditions: 2/5

6. Accordingly, the petitioners are 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 ( one must be a blood surety), each for a like sum to the satisfaction of the learned Judicial Magistrate, No.II, Attur, 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 petitioners shall stay at Karaikudi and report before the Town Police Station, Karaikudi on every Tuesday and Saturday at 10.30 a.m., for a period of two months.

[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; 3/5

[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 petitioners 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.

28.06.2024 pbl 4/5

T.V.THAMILSELVI,J.

pbl To

1. The Judicial Magistrate, No.II, Attur.

2. The Inspector of Police Malliyakarai Police Station, Salem District.

3. The Central Prison, Salem.

4. The Public Prosecutor, High Court of Madras.

Crl.O.P.No.15274 of 2024 28.06.2024 5/5