Annamalai v. The State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 02.11.2021

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI Crl.O.P.No.20857 of 2021 1.Annamalai 2.Srinivasan ... Petitioners Vs.

State By The Inspector of Police, Arani Police Station, Thiruvallur District.

*(Crime No.259 of 2021) ... Respondent Prayer:

Petition filed under Section 439 of Cr.P.C., seeking to enlarge the petitioners on bail in *(Crime No.259 of 2021) on the file of Inspector of Police, Arani Police Station, Thiruvallur District. For Petitioners : Mr.S.Sasikumar For Respondent : Mr.A.Gopinath Government Advocate (Crl. Side)

O R D E R

The petitioners who were arrested and remanded to judicial custody on 04.10.2021 for the offence under Sections 174 of Cr.P.C., 201 of I.P.C. @ 201, 306 of I.P.C. in *(Crime No.259 of 2021) on the file of the respondent police, seek bail.

2.It is the case of the prosecution that the petitioners are alleged to have induced the deceased to commit suicide. 3.The learned counsel appearing for the petitioners would submit that the petitioners have not committed any offence as alleged by the prosecution.

4.Heard the submissions made by the learned Government Advocate (Criminal Side).

5.Considering the period of incarceration undergone by the petitioners, I am inclined to grant bail to the petitioners. 6.Accordingly, the petitioners are ordered to be released on bail on their executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand Only) each, with two sureties, of whom, one should be a blood related surety, each for a like sum to the satisfaction of the learned Judicial Magistrate No-I, Ponneri 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 petitioners shall report before the respondent police, daily at 10.30 a.m. for a period of two weeks and thereafter as and when required for interrogation;

(c)the petitioners shall not tamper with evidence or witness either during investigation or trial;

(d)the petitioners 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 petitioners 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]; and; (f)if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.

-sd/- 02/11/2021 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.

(*) Amended as per Order of this Court dated 10/11/2021 made in Crl.MP.11497 of 2021 in Crl.O.P.No.20857 of 2021 by THE HON'BLE MRS.JUSTICE T.V.THAMILSELVI.

TO 1 THE JUDICIAL MAGISTRATE NO.I, PONNERI.

2 THE CHIEF JUDICIAL MAGISTRATE, THIRUVALLUR DISTRICT (FOR INFORMATION).

3 THE INSPECTOR OF POLICE, ARANI POLICE STATION, THIRUVALLUR DISTRICT.

4 THE PUBLIC PROSECUTOR, HIGH COURT, MADRAS.

5 THE OFFICER INCHARGE, SUB JAIL, PONNERI.

+1 CC to M/S.S.SASIKUMAR Advocate on payment of necessary charges SR.NO.12582 CRL OP.20857/2021 Date :02/11/2021 INBA-02/11/2021 INBA-17/11/2021