Sathiya v. The State Rep.By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 22.11.2023

CORAM

THE HON'BLE MR. JUSTICE C.V.KARTHIKEYAN 1.Sathiya W/o. Padmanathan 2.Thirumurugan S/o. Ramalingam 3.Agilandam W/o Sivaguru

...Petitioners/Accused

Vs.

State represented by The Station House Officer, Thiruppapuliyur Police Station, Cuddalore District.

(Crime No.386 of 2023)

...Respondent

PRAYER:

Criminal Original Petition is filed under Section 439 of Cr.P.C. praying to enlarge the petitioners on bail in Crime No.386 of 2023 pending on the file of the respondent.

For Petitioners : Mr.S.Kasirajan For Respondent : Mr.R.Kishore Kumar Government Advocate (Criminal Side) 1/4

ORDER

The petitioners seek bail in Crime No.386 of 2023, registered by the respondent police for the offences punishable under Sections 147, 148, 294(B), 324, 506(ii), 307 and 302 of IPC and Section 4 of TNPHW Act, with respect to an occurrence which took place on 03.09.2023.

2. It is the case of the prosecution that there was a baby shower function and during the course of which, all the relatives started quarreling with each other, which escalated into violence, as a result of which, one person died and there was also injuries to the other persons.

3. Taking into consideration the period of incarceration and the fact that investigation had been completed and that there is no previous case pending against the petitioners, I am inclined to grant bail to the petitioners subject to the following conditions: 4.Accordingly, the petitioners are ordered to be released on bail on their executing separate bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) each with two sureties, each for a like sum to the satisfaction of the Judicial Magistrate, Additional Mahila Court, Cuddalore, and on further conditions that :- 2/4

[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 first and third petitioners shall report before the respondent police once in a week i.e., on every Wednesday at 10.30 a.m., until further orders and the second petitioner 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 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.

22.11.2023 rjr/ata C.V.KARTHIKEYAN.

J.

rjr 3/4

To 1.The Learned Judicial Magistrate, Additional Mahila Court, Cuddalore. 2.District Prison, Cuddalore District.

3.The Station House Officer, Thiruppapuliyur Police Station, Cuddalore District.

4.The Public Prosecutor, High Court of Madras.

Crl.O.P.No.26094 of 2023 22.11.2023 4/4