Parasuraman @ Karthick v. State Rep.By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :19.09.2023

CORAM

THE HON'BLE MR. JUSTICE G.CHANDRASEKHARAN Parasuraman @ Karthick ..Petitioner Vs.

State Rep by its, The Inspector of Police, Ramanatham Police Station, Cuddalore District.

Crime No.157 of 2023.

...Respondent

PRAYER: Criminal Original Petition filed under Section 439 of Cr.P.C. praying to enlarge the petitioner on bail in connection with Crime No.157 of 2023 on the file of the Respondent Police. For Petitioner : Mr.S.Chinnasamy For Respondent : Mr.S.Rajakumar Additional Public Prosecutor

ORDER

The petitioner, who was arrested and remanded to judicial custody on 28.06.2023 for the offences punishable under Section 174 Cr.P.C subsequently, altered into 302, 201 I.P.C, in Crime No.157 of 2023, on the file of the respondent police seeks bail. 1/5

2.It is the submission of the learned counsel for the petitioner that petitioner is falsely implicated as accused in Crime No.157 of 2023 for the offences punishable under Section 174 Cr.P.C subsequently, altered into 302, 201 I.P.C. Petitioner is innocent. He is in judicial custody from 28.06.2023. Thus, he seeks bail for the petitioner.

3. In response, learned Additional Public Prosecutor submitted that A3 is running a gold jewellery shop. Deceased was working under him. The deceased had committed theft of 250g of gold jewellery from A3's jewellery shop. Enraged at this, A3 with the help of his brother and father namely, A1 and A2 abducted the deceased to their agricultural land and committed his murder. Investigation in this case is not completed. 4.Considering the facts leading to the murder of the deceased, the fact that substantial part of investigation in this case might have been completed by this time and having regard to the duration of petitioner's judicial custody from 28.06.20203, this Court is inclined to grant bail to the petitioner with conditions.

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5.Accordingly, the petitioner is ordered to be released on bail on his executing a bond for a sum of Rs.25,000/- (Rupees Twenty Five thousand only) with two sureties, each for a like sum to the satisfaction of the learned Judicial Magistrate, Thittakudi, Cuddalore District, 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 daily at 10.00.a.m., until further orders.

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

[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 3/5

in P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560]. G.CHANDRASEKHARAN.

J.

[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.

19.09.2023 ep To 1.The Judicial Magistrate, Thittakudi, Cuddalore District.

2.The Inspector of Police, Ramanatham Police Station, Cuddaloroe District.

3.Central Jail, Cuddalore.

4.The Public Prosecutor, High Court of Madras 4/5

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