Ramachandran @ Ramu v. State Of Tamil Nadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 11.08.2022

CORAM

THE HON'BLE MR. JUSTICE G.K.ILANTHIRAIYAN Ramachandran @ Ramu

...Petitioner

Vs.

State of Tamilnadu Rep. by the Inspector of Police, S15, Selaiyur Police Station, Selaiyur, Chennai.

(Crime No.528 of 2021).

...Respondent

PRAYER:

Criminal Original Petition is filed under Section 439 of Cr.P.C. praying to enlarge the petitioners on bail concerned in Crime No.528 of 2021 on the file of the Inspector of Police, S15, Selaiyur Police Station, Chennai pending.

For Petitioner : Mr.S.Srinivasa Narayanan For Respondent : Mr.A.Damodaran, Additional Public Prosecutor

ORDER

The petitioner, who was arrested and remanded to judicial custody on 23.09.2021 for the offences punishable under Sections 341 & 302 of IPC in Crime No.528 of 2021 on the file of the respondent police, 1/4

seeks bail.

2.The case of the prosecution is that, due to love affair, the petitioner assaulted the deceased with knife. Hence, the case.

3. The petitioner fell in love with the deceased. Thereafter, he suspected her conduct and as such, he attacked with knife by slitting her throat. The petitioner also attempted to commit suicide by slitting his own throat by the same knife. After his arrest, he was detained under Goondas Act. Now, the detention order of the petitioner has been set aside by this Court by order dated 21.07.2022 in HCP.No.476 of 2022. That apart, the respondent police has also completed the investigation and filed final report.

4. Considering the above facts and circumstances of the case, and also the period of incarceration of the petitioner from the date of his arrest i.e., 23.09.2021, this Court is inclined to grant bail to the petitioner. Accordingly, the petitioner is ordered to be released on bail on his executing a bond for a sum of Rs.10,000/- (Rupees ten thousand only) 2/4

with two blood related sureties, each for a like sum to the satisfaction of the Judicial Magistrate Court, Tambaram, 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. for a period of four weeks 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 absconds, a fresh FIR can be registered under Section 229A IPC.

11.08.2022 mpl 3/4

G.K.ILANTHIRAIYAN, J.

mpl To 1.The Judicial Magistrate Court, Tambaram.

2.The Inspector of Police, S15, Selaiyur Police Station, Selaiyur, Chennai.

3.Central Jail, Chennai - 600 066.

4.The Public Prosecutor, High Court of Madras Crl.O.P.No.18933 of 2022 11.08.2022 4/4