Balamani v. The State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 11.01.2024

CORAM

THE HON'BLE MR. JUSTICE C.V.KARTHIKEYAN Balamani

...Petitioner

Vs.

State Rep. by the Inspector of Police, Tiruchengode Town Police Station, Namakkal (Crime No.311 of 2023) ...Respondent PRAYER:

Criminal Original Petition is filed under Section 439 of Cr.P.C. praying to enlarge the petitioner on bail in Crime No.311 of 2023 on the file of the respondent police.

For Petitioner : Mr.Deepanuday For Respondent : Mr.L.Baskaran Government Advocate (Crl. Side)

ORDER

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The petitioner/A3 who was arrested and remanded to judicial custody on 17.10.2023 for the offences punishable under Sections 81 and 87 of the Juvenile Justice (Care and Protection) Act, 2015 in Cr.No.311 of 2023 on the file of the respondent police seeks bail.

2. It is the case of the prosecution that A1 had attempted to procure a child from the defacto complainant in order to sell the child to third party. It is stated that this Court had considered the petition seeking bail of the co-accused/A1 and A2 and this Court had granted bail to them in Crl.OP.Nos.28465 and 28687 of 2023.

3. The one change in circumstance of the case is that , the grant of bail to two accused. The investigation has also been practically completed.

4. In view of that particular fact, I am inclined to grant bail to the petitioner subject to the following conditions:

5. Accordingly, the petitioner is ordered to be released on bail on 2/5

her 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, Tiruchengode, Namakkal District 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 everyday at 10.30 a.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 3/5

of Kerala [(2005)AIR SCW 5560].

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

11.01.2024 Vv To

1. The Judicial Magistrate, Tiruchengode, Namakkal District

2. The Central Jail, Salem.

3.The Inspector of Police, Tiruchengode Town Police Station, Namakkal 4.The Public Prosecutor, High Court of Madras.

C.V.KARTHIKEYAN.

J.

Vv 4/5

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