The high court granted bail to the petitioner in Crime No.188 of 2018. The investigation was completed, and the petitioner was directed to execute a bail bond with sureties and adhere to specific reporting conditions.
Released on bail for a sum of Rs.10,000/- with two sureties subject to conditions.
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Crl.O.P.No.7384 of 2020
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 11.12.2023
CORAM
THE HON'BLE MR. JUSTICE C.V.KARTHIKEYAN
Crl.O.P.No.7384 of 2020
D.Seenivasan
...Petitioner
Vs.
The State through by: Inspector of Police, Jalakandapuram Police Station, Salem District. (Crime No.188 of 2018)
...Respondent
PRAYER:
Criminal Original Petition is filed under Section 439 of Cr.P.C. praying to enlarge the petitioner on bail in Crime No.188 of 2018, pending investigation on the file of the Respondent police on such terms and conditions.
For Petitioner : Mr.A.Syed Kaleesha
For Respondent : Mr.R.Kishore Kumar Government Advocate (Crl. Side)
O R D E R
Crl.O.P.No.7384 of 2020
The petitioner seeks bail in Crime No.188 of 2018 originally in the caption of man missing on the basis of the complaint given by one Revathi alleging that her husband by name Sakthivel was missing from 18.09.2018.
been completed,I am inclined to grant bail to the petitioner subject to the following conditions.
Crl.O.P.No.7384 of 2020
5.Accordingly, the petitioner is ordered to be released on bail on his
executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only)
with two sureties, for a like sum to the satisfaction of the learned
Judicial Magistrate II, Mettur, and on further conditions that :-
[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 petitioner shall report before the respondent police on everyday at 10.30a.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.
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Crl.O.P.No.7384 of 2020
C.V.KARTHIKEYAN,J.,
Crl.O.P.No.7384 of 2020
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Crl.O.P.No.7384 of 2020
11.12.2023
2 issues framed by the court
Whether the petitioner is entitled to bail in the present case after investigation is completed.
What conditions should be imposed on the grant of bail to ensure appearance and prevent tampering.
Colour shows how this judgement treated each authority
P.K.Shaji vs. State of KeralaReferred¶36
P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560] · Who else cites this
2 provisions across 2 enactments
D.Seenivasan
The State through Inspector of Police, Jalakandapuram Police Station, Salem District.
C.V.KARTHIKEYAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
