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Judgment
C.V.Karthikeyan, J
The petitioner, who was arrested and remanded to judicial custody on 29.06.2023 for the offences punishable under Sections 147, 148, 341, 294(b) & 302 of IPC, in Crime No.386 of 2023 on the file of the respondent police, seeks bail.
It is stated that owing to previous enmity between two groups, one Mathivanan was murdered by the deceased. The said Mathivanan is the petitioner's own brother. It is therefore stated that as a revenge, all the accused join together and committed the offence of murder against the deceased.
The learned Government Advocate (Crl. Side) for the respondent states that after investigation, final report had been filed and the same had been taken cognizance by the Judicial Magistrate II, Cuddalore, as PRC.No.36 of 2023.
In view of that particular fact and taking into consideration the fact that investigation had been completed, I am inclined to grant bail to the petitioner with certain conditions;
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 of the Judicial Magistrate No.II, Cuddalore, 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 appear before the Judicial Magistrate II, Cuddalore, everyday at 10.30 a.m., till committal and thereafter, appear before the Sessions Court concerned everyday at 10.30 a.m., till the charges framed and thereafter, as directed by the Sessions Court, concerned.
[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.