Munusamy@Settu v. The Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 01.09.2023

CORAM:

THE HON'BLE Dr. JUSTICE G.JAYACHANDRAN Crl.O.P.No.20122 of 2023 Munusamy @ Settu .. Petitioner/1st Accused Vs.

The Inspector of Police, Perumnalai Police Station, Dharmapuri District (Crime No. 126/2023) ... Respondent PRAYER: Criminal Original Petition has been filed under Section 439 of Cr.P.C praying to enlarge the petitioner on bail in Crime No.126 of 2023 on the file of the Inspector of Police, Perumnalai Police Station, Dharmapuri District. For Petitioner : Mr.T.Balachandran For Respondent : Mr.S.Rajakumar Additional Public Prosecutor ******** 1/4

ORDER

The petitioner herein is arrayed as A1 in the case registered by the respondent police on the complaint of Village Administrative Officer of the Village. 2.

According to the First Information Report, on 12.08.2023, electrocuted fence was found in the land of A2. Investigation revealed that the deceased Tamilveeran accompanied with A1 and had gone for hunting carrying country made gun. At that time, the deceased had contacted with electrified fence and died. A2, the land owner has illegally given electrical supply to the fence of his land. This petitioner was accompanied with the deceased and the country made gun belongs to this petitioner.

3.

The learned Additional Public Prosecutor states that the substantial portion of investigation is completed.

4.

Considering the facts and circumstances of the case, 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.25,000/- (Rupees Twenty Five Thousand only) with two sureties, each for a 2/4

like sum, to the satisfaction of the learned Judicial Magistrate, Pennagaram, Dharmapuri District;

(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 shall report before the respondent police daily at 10.30 a.m., until further order;

(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]; Dr.G.JAYACHANDRAN, J.

rpl 3/4

(g) if the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.

01.09.2023 rpl To 1.The Judicial Magistrate, Pennagaram, Dharmapuri District. 2.The Inspector of Police, Perumnalai Police Station, Dharmapuri District.

3.The District Sub Jail, Dharmapuri District.

4.The Public Prosecutor, High Court, Madras.

Crl.O.P.No.20122 of 2023 4/4