Sasikumar v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 29.07.2024

CORAM

THE HON'BLE MRS.JUSTICE T.V.THAMILSELVI Crl.O.P.No.17860 of 2024 Sasikumar ... Petitioner Vs.

State Rep by.

The Sub Inspector of Police Kelambakkam Police Station, Pallikaranai District.

Crime No. 148 of 2024 ... Respondent PRAYER: Criminal Original Petition filed under Section 439 of Cr.P.C., pleased to enlarge the petitioner on bail in Crime No. 148 of 2024 on the file of the respondent police.

For Petitioner : Mr.M.R.Thangavel For Respondent : Mr.V.Meganathan, B.A., B.L., Government Advocate (Crl. side) 1/5

O R D E R

The petitioner, who was arrested and remanded to judicial custody on 01.07.2024 for the alleged offences punishable under Sections 174 Cr.P.C @ 306 IPC crime No. 148 of 2024 on the file of the respondent, seeks bail.

2. The case of the prosecution is that the petitioner and the deceased love each other and induced the petitioner for marriage. At the time of marriage talk the petitioner's mother scolded the deceased by mentioning her case name. Out of frustration, the deceased committed suicide by hanging. Hence, the case.

3. The learned counsel for the petitioner submits that the petitioner has been falsely implicated in this case and the petitioner is ready to abide any conditions. Hence, he prays to allow this petition.

4. On the other side, the learned Government Advocate (Crl. side) submits that there is no previous case pending against the petitioner and the investigation is almost completed. However, he raised objection to grant bail. 2/5

5. Considering the facts of the case, the petitioner has been is custody for the past 26 days and also the investigation is almost completed. Hence, this Court is inclined to grant bail to the petitioner.

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 ( one must be a blood surety), each for a like sum to the satisfaction of the learned District Munsif Cum Judicial Magistrate, Thiruporur, 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 on alternative days at 10.30 a.m., until further orders.

[c] the petitioner shall not abscond either during investigation or trial;

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[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.

29.07.2024 pbl 4/5

T.V.THAMILSELVI,J.

pbl To

1. The District Munsif Cum Judicial Magistrate, Thiruporur.

2. The Sub Inspector of Police Kelambakkam Police Station, Pallikaranai District.

3. The Sub Jail, Chengalpattu.

4. The Public Prosecutor, High Court of Madras.

Crl.O.P.No.17860 of 2024 29.07.2024 5/5