High CourtsSingle Bench(2024) 01 MAD CK 0140

Vinoth Arokkiam vs State

Madras High Court · Decided on 19 January 2024

HON’BLE JUDGES
C.V.Karthikeyan, J
CASE NUMBER
Criminal Original Petition No. 820 Of 2024

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Judgment

11 paragraphs · 329 words

C.V.Karthikeyan, J

1.

The petitioner seeks bail in Crime no.717 of 2023, registered by the respondent for the offences under Section 302 of IPC with respect to an occurrence which took place on 10.11.2023. The petitioner had been remanded to custody on 10.11.2023.

2.The petitioner/accused had ongoing dispute with his opposite house owner. His father, had tried to intervene. That evening, the petitioner had, out of rage, committed the murder of his father.

3.The strong objection has been raised by the learned Government Advocate (Crl. Side) for the respondent but however, investigation has proceeded to a substantial extent and the petitioner has also been in incarceration for a considerable period of time. I am inclined to grant bail to the petitioner subject to the following conditions:

4.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 fresh sureties, each for a like sum to the satisfaction of the Judicial Magistrate Court No.XXIII, Saidapet, 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 report before the respondent police everyday at 10.30 a.m., until further orders.

[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.