Rammurthi @ Ramamurthi v. Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 16.10.2023

CORAM

THE HON'BLE MR. JUSTICE C.V.KARTHIKEYAN Rammurthi

...Petitioner

Vs.

The State represented by Inspector of Police, Uthukkottai Police Station, Thiruvallur District.

Crime No.534 of 2023.

...Respondent

PRAYER: Criminal Original Petition is filed under Section 439 of Cr.P.C. praying to enlarge the Petitioner on bail in connection with the case in Crime No.534 of 2023 pending investigation on the file of the Respondent police.

For Petitioner : Mr.A.Vijaysankar For Respondent : Mr.R.Kishore Kumar Government Advocate (Criminal Side)

ORDER

The petitioner, who was arrested and remanded to judicial custody on 13.08.2023 for the offence punishable under Sections 174 Cr.P.C and 1/4

subsequently, altered to Sections 294(b), 302 and 201 of IPC, in Crime No.534 of 2023 on the file of the respondent police, seeks bail. 2.The defacto complainant is the son of the deceased. It is stated that the deceased has gone over to relieve himself on 07.08.2023. It is stated that later he was found dead.

3.The Post-mortem Report returned a finding that the deceased died due to blunt force injury on the head.

4.During the course of enquiry, the petitioner herein who is the sole accused had given a self incriminating statement and on that basis, he has been remanded to judicial custody on 13.08.2023 and the entire evidence of prosecution revolves around the statement of the petitioner herein.

5.Taking into consideration all these facts and the period of incarceration undergone by the petitioner, this Court is inclined to grant bail to the petitioner with certain conditions. 6.Accordingly, the petitioner is ordered to be released on bail on condition to execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties, each for a like sum to the satisfaction 2/4

of the learned Judicial Magistrate, Uthukottai 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 10.30 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 in P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560]. [f] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.

16.10.2023 vkr 3/4

C.V.KARTHIKEYAN.

J.

vkr To 1.The Judicial Magistrate, Uthukottai.

2.The Central Prison, Puzhal.

3.The Inspector of Police, Uthukkottai Police Station, Thiruvallur District.

4.The Public Prosecutor, High Court of Madras.

Crl.O.P.No.23637 of 2023 16.10.2023 4/4