Ramu v. State Rep.By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 28.08.2023

CORAM:

THE HON'BLE Dr. JUSTICE G.JAYACHANDRAN Crl.O.P.No.19482 of 2023 Ramu .. Petitioner/Accused Vs.

State Rep.by The Inspector of Police, Rathinagiri Police Station, Ranipet District (Crime No. 139/2022) ... Respondent PRAYER: Criminal Original Petition has been filed under Section 439 of Cr.P.C praying to enlarge the petitioner on bail in S.C.No.57 of 2023 pending on the file of the Sessions Judge, Magalir Neethi Mandram, FTC-Mahila Court, Vellore. For Petitioner : Mr.D.Thirumoorthy For Respondent : Mr.S.Udayakumar Government Advocate (Crl.Side) ******** 1/4

ORDER

The petitioner herein is the husband of the victim. The victim body was found in the well and after investigation, the police found the case of murder by her husband. The petitioner was arrested on 05.09.2022. The prosecution has filed final report on completion of investigation. The same has been taken on file in S.C.No.57 of 2023 by the learned Sessions Judge, Magalir Neethimandram (Fast Track Court), Vellore.

2. The learned Government Advocate (Crl.Side) appearing for the State submitted that the charge has already been framed and the matter has ripe for trial.

3. Considering the same, this Court is of the view that the petitioner may be granted bail. Accordingly, the petitioner is ordered to be released on bail subject to the following conditions;

(a) the petitioner shall execute a bond for a sum of Rs.50,000/- (Rupees Fifty Thosand only) with two sureties, each for a like sum, to the satisfaction of the learned Sessions Judge, Magalir Neethimandram (FTC-Mahila Court), Vellore;

2/4

(b) the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the learned Magistrate may obtain a copy of their Aadhar Card or Bank Pass Book to ensure their identity; (c) the petitioner is directed to attend the Court regularly on every hearing without fail;

(d) the petitioner shall not abscond either during investigation or trial;

(e) the petitioner shall not tamper with evidence or witness either during investigation or trial;

(f) on breach of any of the aforesaid conditions, the learned Judicial 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) if the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.

28.08.2023 rpl To 1.The Sessions Judge, Magalir Neethi Mandram, FTC-Mahila Court, Vellore. Dr.G.JAYACHANDRAN, J.

3/4

rpl 2.The Inspector of Police, Rathinagiri Police Station, Ranipet District 3.The Superintendent, Central Prison Vellore.

4.The Public Prosecutor, High Court, Madras.

Crl.O.P.No.19482 of 2023 28.08.2023 4/4