Anbuselvan v. State Rep.By Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 22.08.2022

CORAM

THE HON'BLE MR. JUSTICE G.K.ILANTHIRAIYAN Anbuselvan

...Petitioner

Vs.

State Rep. by:

The Inspector of Police, Palladam Police Station, Tiruppur District.

(Crime No.490 of 2022) ..Respondent PRAYER:

Criminal Original Petition is filed under Section 439 of Cr.P.C. praying to enlarge the petitioner on bail in Crime No.490 of 2022 on the file of the respondent police.

For Petitioner :Mr.C.Iyyapparaj For Respondent :Mr.A.Gopinath Govt. Advocate (Crl.Side) 1/4

ORDER

The petitioner, who was arrested and remanded to judicial custody on 27.06.2022 for the offences punishable under Sections 302 IPC altered into Sections 302, 120(b) and 34 of IPC in crime No.490 of 2022 on the file of the respondent police, seeks bail.

2. It is seen that, there are totally 8 accused, in which, the petitioner is arrayed as A8. It is alleged that A1, who is the wife of the deceased had illegal intimacy with A2. When the same was questioned by the deceased/ husband, A1 engaged other accused to do away the life of the deceased. Thereby, the deceased lost his life.

3. Considering the above facts and circumstances of the case and also the period of incarceration by the petitioner from the date of arrest i.e., 27.06.2022, this Court is inclined to grant bail to the petitioner.

4. Accordingly, the petitioner is ordered to be released on bail 2/4

on his executing a bond for a sum of Rs.10,000/- (Rupees ten thousand only) with two blood sureties, each for a like sum to the satisfaction of the learned Judicial Magistrate Court, Palladam, 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 twice daily 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 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].

G.K.ILANTHIRAIYAN, J.

3/4

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

22.08.2022 Sma To 1.The Judicial Magistrate Court, Palladam.

2.The Inspector of Police, Palladam Police Station, Tiruppur District.

3. Sub Jail, Tiruppur.

4.The Public Prosecutor, High Court of Madras Crl.O.P.No.17788 of 2022 4/4