Prabhu @ Surya Prabhu v. State Through The

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 17.11.2023

CORAM

THE HON'BLE MR. JUSTICE C.V.KARTHIKEYAN Prabhu @ Surya Prabhu

...Petitioner

Vs.

State represented by the The Inspector of Police, Anupparpalayam Police Station, Tirupur city.

(Crime No.964 of 2023)

...Respondent

PRAYER: Criminal Original Petition is filed under Section 439 of Cr.P.C. praying to enlarge the petitioner on bail in Crime No.964 of 2023 on the file of respondent police on such terms and conditions. For Petitioner : Mr.R.Venkatesan For Respondent : Mr.R.Kishore Kumar Government Advocate (Crl. Side)

ORDER

The petitioner seeks bail in Crime No.964 of 2023, registered by the respondent police for the offences punishable under Sections 294(b), 1/4

323, 324 and 506(ii) of IPC and subsequently, altered to Section 302 of IPC. He had been remanded to judicial custody on 31.08.2023. 2.It is stated that on 14.08.2023, there was a birthday party, in which, all those who had celebrated the birthday, had taken alcohol and instead of celebrating the birthday started to quarrel among themselves and went to the extent of assaulting the defacto complainant and causing injuries initially and later, after admission to hospital, he had also died. 3.Taking all the factors into consideration and that there was no previous motive as such and the quarrel had escalated into violence, this Court is inclined to grant bail to the petitioner with certain conditions.

4. Accordingly, the petitioner is ordered to be released on bail on his executing a 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 Judicial Magistrate No.III, Tiruppur, 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 petitioner shall report before the respondent Police, daily at 10.30 a.m., until further orders;

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[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.

17.11.2023 vkr To

1. The Judicial Magistrate No.III, Tiruppur.

2. The Central Prison, Coimbatore.

3. The Inspector of Police, Anupparpalayam Police Station, Tirupur city.

4.The Public Prosecutor, High Court of Madras.

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C.V.KARTHIKEYAN.

J.

vkr 17.11.2023 4/4