This order grants bail to a petitioner facing murder charges pending investigation. The court considered the period of incarceration and the non-filing of the final report, imposing specific reporting and surety conditions.
Petitioner released on bail with a bond of Rs.10,000 and 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.7609 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 06.04.2023
CORAM
THE HON'BLE MR. JUSTICE A.D.JAGADISH CHANDIRA
Crl.O.P.No.7609 of 2023
Silambarasan
... Petitioner
Vs.
The State represented by, The Inspector of Police, Sirkali Police Station, Mayiladuthurai District.
(Crime No.542 of 2022).
... Respondent
PRAYER: Criminal Original Petition filed under Section 439 of Cr.P.C., pleased to enlarge the petitioner/accused on bail, in connection with the Crime No.542 of 2022, pending investigation on the file of the respondent Police.
For Petitioner : Mr.C.T.Saravanan For Respondent : Mr.C.E.Pratap Government Advocate (Crl.side)
O R D E R
Crl.O.P.No.7609 of 2023
The petitioner, who was arrested and remanded to judicial custody on 26.12.2022, for the offences punishable under Sections 147, 148, 341, 149 of IPC and later, altered to 147, 148, 302, 149, 120(B), 342, 427, 294(b) & 506(ii) of IPC, in Crime No.542 of 2022 on the file of the respondent police, seeks bail.
Crl.O.P.No.7609 of 2023
gang. He further submitted that the petitioner was not present at the scene of occurrence and he has been falsely roped in this case. He also submitted that the petitioner was arrested on 26.12.2022 and he is in custody for more than three months and till date, the final report has not been filed by the respondent Police, thereby, the petitioner is entitled for statutory bail. Hence, he prayed for grant of bail to the petitioner.
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Crl.O.P.No.7609 of 2023
on his executing 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 learned Judicial Magistrate, Sirkali, 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 06.30 p.m., until further orders;
[c] the petitioner shall not abscond either during investigation or trial;
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Crl.O.P.No.7609 of 2023
[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 abscond, a fresh FIR can be registered under Section 229A IPC.
06.04.2023
ham
To
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Crl.O.P.No.7609 of 2023
A.D.JAGADISH CHANDIRA.,J.
ham
Crl.O.P.No.7609 of 2023
06.04.2023
2 issues framed by the court
Whether bail should be granted to the petitioner who has been in judicial custody for more than three months despite the final report not being filed by the investigation agency.
What conditions must be imposed on the petitioner when granting bail under Section 439 of Cr.P.C.
Colour shows how this judgement treated each authority
P.K.Shaji vs. State of KeralaExplained¶40
P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560] · Who else cites this
2 provisions across 2 enactments
Silambarasan
The State represented by The Inspector of Police, Sirkali Police Station, Mayiladuthurai District
A.D.Jagadish Chandira
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
A.D.Jagadish Chandira
Parties & counsel
