HC ordered bail for two accused charged with murder and culpable homicide. The court granted bail subject to bond, sureties, daily police reporting, and restrictions on absconding or tampering with evidence, referencing Supreme Court precedents.
Petitioners released on bail on Rs.10,000 each bond with two sureties, subject to daily reporting and other conditions.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Crl.O.P.No.28580 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 22.12.2023
CORAM
THE HON'BLE MR. JUSTICE C.V.KARTHIKEYAN
Crl.O.P.No.28580 of 2023
1.Pradeepa W/o.Yalarsu
2.Thirupathi S/o. Venkatesan
... Petitioners/Accused-1&2
Vs.
The State represented by The Inspector of Police, Jolarpet Police Station, Tiupatture District.
(Crime No.459 of 2023) ... Respondent
PRAYER: Criminal Original Petition filed under Section 439 of Cr.P.C.,
prayed to enlarge the petitioners on bail in Crime No.459 of 2023 on the file of the respondent.
For Petitioners : Mr.Periaswamy.I
For Respondent : Mr.R.Kishore Kumar Government Advocate (Crl. Side)
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ORDER
Crl.O.P.No.28580 of 2023
The petitioners/A1 and A2 seek bail in Crime No.459 of 2023, registered by the respondent police for the offences punishable under Sections 294(b), 506(ii) and 302 of IPC. The petitioners had been remanded to custody on 09.11.2023.
2.It is stated that the deceased, had relationship with atleast three separate women. The 1st petitioner is one of those victim. There were also children born. Frustrated with the behaviour of the deceased, the 1st petitioner had moved to the house of the 2nd petitioner/her brother. The deceased had come over to that particular house and quarrel arose, which escalated into violence, leading to death of the deceased.
3.It is stated that investigation has been completed.
4.Taking all the factors into consideration, I am inclined to grant bail to the petitioners subject to the following conditions:
Crl.O.P.No.28580 of 2023
of the Judicial Magistrate No.1, Tirupattur, 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 petitioners 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.
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Crl.O.P.No.28580 of 2023
C.V.KARTHIKEYAN, J.
ata
To
Crl.O.P.No.28580 of 2023
22.12.2023
2 issues framed by the court
Whether the petitioners should be enlarged on bail in the crime punishable under Sections 294(b), 506(ii) and 302 of IPC.
What bail conditions should be imposed to ensure trial proceedings and prevent tampering.
Colour shows how this judgement treated each authority
P.K.Shaji vs. State of KeralaReferred¶34
P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560] · Who else cites this
2 provisions across 2 enactments
Pradeepa
Thirupathi
The State
C.V. Kartikeyan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
