Madras High Court
Settan @ Sudharsan vs The Superintendent Of Police on 13 June, 2022
Crl.A.No.474 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 13.06.2022
CORAM :
THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY
Crl.A.No.474 of 2022
Settan @ Sudharsan ... Appellant
Versus
1. The Superintendent of Police,
The District Superintendent of Police Office,
Salem - 636 010.
2. The Inspector of Police,
Kitchipalayam Police Station,
Salem District.
Crime No.1182 of 2020
3. Jansirani ... Respondents
Prayer : Criminal Appeal filed u/s. 378 of Criminal Procedure Code to set aside
the order dated 20.04.2022 passed in Crl.M.P.No.1490 of 2022 by the learned
Principal Sessions Judge at Salem and enlarge the appellant on bail in Crime
No.1182 of 2020 on the file of the respondent Police.
For Appellant : Mr.R.Suryaprakash
For R1 &R2 : Mr.S.Vinoth Kumar
Government Advocate (Crl.Side)
For R3 : No appearance
*****
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Crl.A.No.474 of 2022
JUDGMENT
This appeal is filed as against the order made in Crl.M.P.No.1490 of
2022 by the learned Principal Sessions Judge at Salem, dated 20.04.2022,
whereby, the application for bail filed by the petitioner was dismissed.
2. The gist of the allegation as per the case of the prosecution is that, on
the ground of previous enmity between two groups, the victim was attacked and
was murdered on 22.12.2020. The petitioner is arrayed as A-32 and he was
arrested and remanded to Judicial Custody on 06.10.2021.
3. The learned Government Advocate (Crl. Side) would also submit that,
there is one previous case pending as against the petitioner.
4. Considering that the notice to the victim is also served and none
appeared on behalf of the victim and also considering the nature of the allegation
and the fact that the petitioner is under incarceration from 06.10.2021 and also
the fact that investigation is completed and the case has been taken on file in
S.C.No.6 of 2021, I am of the view that this is a fit case for granting bail to the
petitioner with the following conditions;
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Crl.A.No.474 of 2022
(a) the petitioner is ordered to be released on bail, on his
executing a bond for a sum of Rs.25,000/- (Rupees twenty five
thousand only) with two sureties each for a like sum to the
satisfaction of the Trial Court;
(b) the petitioner and 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;
(c) the petitioner shall report before the second respondent
Police daily at 10.30 a.m., until further orders;
(d) the petitioner shall not tamper with evidence or witness
either during investigation or trial;
(e) the petitioner shall not abscond either during
investigation or trial;
(f) 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
has been imposed and the petitioner are 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]; and;
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Crl.A.No.474 of 2022
(g) if the accused thereafter absconds, a fresh FIR can be
registered under Section 229-A IPC;
4. Accordingly, this Criminal Appeal is allowed.
13.06.2022
Index : yes/no
Speaking order/Non-speaking order
sma
To
1. The Superintendent of Police,
The District Superintendent of Police Office,
Salem - 636 010.
2. The Inspector of Police,
Kitchipalayam Police Station,
Salem District.
3.The Central Prison,
Coimbatore.
4.The Public Prosecutor,
Madras High Court.
https://www.mhc.tn.gov.in/judis
Crl.A.No.474 of 2022
D.BHARATHA CHAKRAVARTHY, J.
sma
Crl.A.No.474 of 2022
13.06.2022
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