Lenin Johnson v. State, Represented By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 03.01.2024

CORAM

THE HON'BLE MR. JUSTICE C.V.KARTHIKEYAN 1.Lenin Johnson S/o. Lenin Jhai 2.Ramesh S/o. Babu 3.Dinesh S/o.Anbu ... Petitioners Vs.

State represented by The Inspector of Police, Traffic Investigation Wing, Redhills Police Station, Thiruvallur District.

(Crime No.740 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.740 of 2023 on the file of the respondent.

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For Petitioners : Mr. P. Chandrasekar For Respondent : Mr.L.Baskaran Government Advocate (Crl. Side)

ORDER

The petitioners, who were arrested and remanded to judicial custody on 14.12.2023, registered for the offences under Sections 279, 308 of I.P.C and Section 189, 177 of Motor Vehicles Act in Crime No.740 of 2023 on the file of the respondent Police, seek bail.

2. There are totally four accused in this case. It is stated that the petitioners / A1 to A3 along with A4 were alleged to have involved in bike wheeling at Vandalur to Meenjur 400 feet road. Based on the information, the petitioners were taken into custody.

3. The learned counsel for the petitioners stated that the petitioners are innocent and the 4th accused had been granted bail by this Court in Crl.O.P.No.29039 of 2023 dated 02.01.2024.

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4.Taking all these factors into consideration and also considering the period of incarceration, I am inclined to grant bail to the petitioners subject to the following conditions:

5.Accordingly, the petitioners are ordered to be released on bail on condition to execute separate bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) each with two sureties, each for a like sum to the satisfaction of the learned Judicial Magistrate No.II, Ponneri 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 should render some service in the Casualty ward at the Stanley Government Medical College and Hospital, Chennai - 600 001, for a period of two weeks between 10:30 a.m to 1.00 p.m and witness the nature of injuries suffered by the victims who are admitted in the hospital and a diary in this regard may be submitted to the learned Judicial Magistrate No.II, Ponneri. 3/6

[c] the petitioners shall report before the respondent police everyday at 5:30 p.m., until further orders. [d] the petitioners shall not abscond either during investigation or trial.

[e] the petitioners shall not tamper with evidence or witness 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 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].

[g] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.

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To 1.The Judicial Magistrate No.II, Ponneri 2.The Inspector of Police, Traffic Investigation Wing, Redhills Police Station, Thiruvallur District.

3.The Central Prison, Puzhal.

4. The Public Prosecutor, High Court of Madras.

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C.V.KARTHIKEYAN, J.

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