The court has the discretion to grant bail to an accused person, even in cases of serious offences, if the court is satisfied that the accused is not likely to abscond or tamper with evidence.

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 10.01.2022

CORAM:

THE HON'BLE MRS.JUSTICE T.V.THAMILSELVI

Crl.O.P.No.365 of 2022

Jayakumar

.. Petitioner

Vs.

State Rep by

The Inspector of Police,

Ennore Police Station,

Tiruvallur District.

(Crime No.833 of 2021)

...Respondent

PRAYER: Criminal Original Petition has been filed under Section 439

of Cr.P.C praying to enlarge the petitioner on bail in Crime No.833

of 2021 pending investigation on the file of the respondent police.

For Petitioner : Mr.M.Mohamed Riyas

For Respondent : Mr.N.S.Suganthan

Government Advocate

ORDER

The petitioner who was arrested and remanded to judicial custody

on 27.09.2021 for the offence under Section 147, 148, 294(b), 448,

302 of IPC in Crime No.833 of 2021, on the file of the respondent

police, seek bail.

2. The case of the prosecution is that due to previous enmity,

the petitioner along with others brutally attacked the deceased with

iron rod and wooden log and stone and died on the spot . Hence, the

complaint.

3. The learned counsel for the petitioner would submit that the

petitioner has not committed any offence as alleged by the

prosecution and he has been falsely implicated in this case. He

further submits that the petitioner has been suffering incarceration

for more than 100 days from 27.09.2021. He would pray for grant of

bail to the petitioner.

4.The learned Government Advocate (Crl. Side) raised objection

stating that petitioner is having two previous cases. He further

submitted that investigation was almost completed and the charge

sheet also filed.

https://hcservices.ecourts.gov.in/hcservices/

5. Considering the facts and circumstances of the case and

also considering the submissions made by both counsel and the fact

that the investigation was almost completed, this court is inclined

to grant bail to the petitioner with conditions.

[a] the Petitioner is ordered to be released on bail on

executing his own bond for a sum of Rs.10,000/- (Rupees ten thousand

only), before the Superintendent of the concerned prison, in which

the petitioner has been confined and thereafter on his release;

[b] the petitioner shall execute two sureties out of which, one

must be a blood surety and another be a local surety, for a sum of

Rs.10,000/- (Rupees Ten Thousand only), before the learned Judicial

Magistrate, Thiruvottiyur

within 15 days from the date of

commencement of the Court’s normal functioning, failing which the

bail granted by this Court shall stand dismissed automatically;

[c]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;

[d] the petitioner shall report before the respondent police on

every Wednesday at 10.30 a.m, until further orders and the petitioner

shall also appear before the Court below during the trial proceedings

without fail;

[e]the petitioner shall not tamper with evidence or witness

either during investigation or trial;

[f] the petitioner shall not abscond either during investigation

or trial;

[g] 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]; and;

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[h]if the accused thereafter absconds, a fresh FIR can be

registered under Section 229-A IPC.

-sd/-

10/01/2022

This order, on being produced, be punctually observed and carried

into execution by all concerned