Settu v. State Rep.By Its

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 05.10.2021

CORAM:

THE HON'BLE MR.JUSTICE M.DHANDAPANI Crl.O.P.No.18639 of 2021 Settu ... Petitioner Vs.

State Represented by its ... Respondent The Inspector of Police, Manalurpet Police Station, Kallakurichi District.

(Crime No.466 of 2021) PRAYER: Criminal Original Petition has been filed under Section 439 of Cr.P.C, prayed to enlarge the petitioner on bail in Crime No.466 of 2021 on the file of the respondent police. For Petitioner : Mr.S.Arivazhagan For Respondent : Mr.A.Gopinath Government Advocate (Crl.Side)

ORDER

The petitioner, who was arrested on 20.07.2021 and remanded to judicial custody for the offence under Section 302 of IPC, in Crime No.466 of 2021 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that there was a previous enmity, the petitioner had attacked the deceased with knife, due to which, the deceased died on the spot. Hence, the complaint.

3. The learned counsel for the petitioner submitted that the petitioner is no way connected with the alleged offence and he has been falsely implicated in this case. He further submitted that there is no eye witness in the alleged occurrence. Therefore, he prays to grant bail to the petitioner.

4. The learned Government Advocate (Crl.Side) appearing for the respondent submitted that there is one previous case pending against the petitioner and the investigation has been completed and the charge sheet has also been filed. Hence, he vehemently opposed for grant of bail to the petitioner.

5. Considering the period of incarceration suffered by the petitioner and previous case pending against the petitioner, this Court is inclined to grant bail to the petitioner with certain conditions:

6. 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) with two sureties, each for a like sum to the satisfaction of the learned Judicial Magistrate, Thirukoilur, and on further condition 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 tamper with evidence or witness either during investigation or trial;

(d)the petitioner shall not abscond 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]; and; (f)if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.

-sd/- 05/10/2021 This order, on being produced, be punctually observed and carried into execution by all concerned TRUE COPY Sub-Assistant Registrar (Statistics/C.S.) High Court, Madras - 600 104.

TO 1 THE JUDICIAL MAGISTRATE, THIRUKOILUR.

2 THE CHIEF JUDICIAL MAGISTRATE VILLUPURAM [FOR INFORMATION]

3 THE INSPECTOR OF POLICE, MANALURPET POLICE STATION, KALLAKURICHI DISTRICT.

4 THE SUPERINTENDENT, CENTRAL PRISON,CUDDALORE.

5 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

CC to M/S.S.ARIVAZHAGAN Advocate on payment of necessary charges CRL OP.18639/2021 Date :05/10/2021 CSK 06/10/2021