Suman v. The State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 18.01.2024

CORAM

THE HON'BLE MR. JUSTICE C.V.KARTHIKEYAN Suman S/o. Veeramani ... Petitioner / A1 Vs.

The State represented by The Inspector of Police, Manalmedu Police Station, Mayiladuthurai District.

(Crime No.360 of 2023) ... Respondent /Complainant PRAYER: Criminal Original Petition filed under Section 439 of Cr.P.C., prayed to enlarge the petitioner on bail in Crime No.360 of 2023 on the file of the respondent.

For Petitioner : Mr.S.P.Harikrishnan For Respondent : Mr. L. Baskaran Government Advocate (Crl. Side) 1/5

ORDER

The petitioner/A1, who was arrested and remanded to judicial custody on 05.09.2023 for the offences punishable under Sections 294(b), 353, 336, 506(2) of IPC, 1860 and Sections 25(1)(b) and 27(1) of ARMS Act, 1959 in Crime No.360 of 2023 on the file of the respondent police, seeks bail. 2.Totally, there are two accused. It is stated that the accused were found in possession of two Aruvals in a car bearing Reg. No.TN-10-S-8533, which had been seized. It is also stated that there are five previous cases against the petitioner. It is stated that the other accused had been granted bail. It is stated that investigation has been completed and charge sheet has also been filed before the learned Judicial Magistrate - I, Mayiladuthurai and the same has been taken cognizance as PRC.No.28 of 2023. 3.Taking all the factors into consideration and the period of incarceration suffered by the petitioner and the fact that investigation has been completed, this Court is inclined to grant bail to the petitioner.

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

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 No.I, Mayiladuthurai 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 daily at 10.30 a.m for a period of two weeks and thereafter, if the matter had not yet been committed before the concerned Sessions Court, the petitioner shall appear before the learned Judicial Magistrate - I, Mayiladuthurai, till the date of committal and if it had been committed before the concerned Sessions Court, the petitioner shall appear before the concerned Sessions Court till framing of charges and thereafter, during the Court hearing dates.

[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 3/5

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.

18.01.2024 smv To 1.The Judicial Magistrate No.I, Mayiladuthurai. 2.The The Inspector of Police, Manalmedu Police Station, Mayiladuthurai District.

3. The Central Prison, Cuddalore.

4. The Public Prosecutor, High Court of Madras.

C.V.KARTHIKEYAN, J.

smv 4/5

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