Thirumavalavan v. State Rep.By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 21.11.2023

CORAM

THE HON'BLE MR. JUSTICE C.V.KARTHIKEYAN Thirumavalavan ...Petitioner in Crl.O.P.No.25315 of 2023 Stephen Raj ...Petitioner in Crl.O.P.No.25318 of 2023 Saravanakumaran ...Petitioner in Crl.O.P.No.26369of 2023 Vs.

State represented by the The Inspector of Police, Kelambakkam Police Station, Chengalpattu District.

(Crime No.301 of 2023) ...Respondent in both Crl.O.Ps COMMON PRAYER: Criminal Original Petitions are filed under Section 439 of Cr.P.C. praying to enlarge the petitioners on bail in Crime No.301 of 2023 on the file of the respondent Police. In all Crl.O.Ps.

For Petitioners : Mr.V.Karthick For Respondent : Mr.R.Kishore Kumar Government Advocate (Crl. Side) 1/5

COMMON ORDER The petitioners who were arrested and remanded to judicial custody on 04.09.2023 registered for the offences under Sections 147, 148, 294(b), 302 and 448 of IPC, in Crime No.301 of 2023, seek bail. 2.The petitioner in Crl.O.P.No.25315 of 2023 is arrayed as A4, the petitioner in Crl.O.P.No.25318 of 223 is arrayed as A3 and the petitioner in Crl.O.P.No.26369 of 2023 is arrayed as A5. 3.It is stated that the husband of the defacto complainant was an accused in the murder of one Suganya and A1 in this crime number is the brother of the said Suganya. Taking that as a motive, it is stated that A1 and his friends, who are the petitioners herein had assaulted the deceased who later died.

4.It is however stated that A1, A2 and A6 had been granted bail by the the learned Principal Sessions Judge.

5.On the side of the respondent, it is stated that the investigation has been completed.

6.Taking all these factors into consideration, this Court is inclined to grant bail to the petitioners with certain conditions. 2/5

7. Accordingly, the petitioners are ordered to be released on bail on her executing a separate bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties, each for a like sum to the satisfaction of the learned District Munsif cum Judicial Magistrate, Thiruporur, and on further conditions that :- [a] the sureties shall affix his photographs and Left Thumb Impression in the surety bond and the Magistrate may obtain a copy of his Aadhar card or Bank pass Book to ensure his identity.

[b]the petitioners shall report before the respondent police everyday at 10.30 a.m., until further orders;

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

[d] the petitioners 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 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 3/5

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.

21.11.2023 vkr To

1. The District Munsif cum Judicial Magistrate, Thiruporur.

2. The Sub Jail, Chengalpattu.

3. The Inspector of Police, Kelambakkam Police Station, Chengalpattu District.

4.The Public Prosecutor, High Court of Madras.

4/5

C.V.KARTHIKEYAN.

J.

vkr 21.11.2023 5/5