Guru @ Gaanaguru v. The State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 30.01.2024

CORAM

THE HON'BLE MR. JUSTICE C.V.KARTHIKEYAN Guru @ Gaanaguru

...Petitioner/Accused-4

Vs.

State represented by The Inspector of Police, G-7, Chetpet Police Station, Chennai.

(Crime No.925 of 2017) ...Respondent PRAYER:

Criminal Original Petition is filed under Section 439 of Cr.P.C. praying to enlarge the petitioner on bail concerned in S.C.No.189 of 2019 on the file of the XXIII Additional Sessions Court, Chennai, on such terms and conditions.

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

ORDER

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The petitioner/A4 in S.C.No.189 of 2019, now pending before the XXIII Additional District and Sessions Court, Chennai, seeks bail. Originally, Crime No.925 of 2017 had been registered for the offences under Sections 147, 148, 302 r/w 120(b), 149 of IPC. 2.The petitioner had been remanded to custody on execution of Non-bailable warrant on 28.06.2023.

3.It is stated that a Non-bailable warrant was issued on 12.08.2022 and there are totally six accused and all the accused are appearing before the Court.

4.It is stated by the learned counsel that the petitioner has not attended the Court though a petition under Section 317 of Cr.P.C., was filed and the same was not accepted and NBW was issued. 5.Taking all the factors into consideration, I am inclined to grant bail to the petitioner subject to the following conditions: 6.Accordingly, the petitioner is ordered to be released on bail on condition to execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties (one surety must be a fresh surety and another surety must be blood relative of the petitioner), each for a like 2/4

sum to the satisfaction of the XXIII Additional Sessions Court, Chennai, 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 appear before the XXIII Additional Sessions Court, Chennai, on every Monday at 10.30 a.m., till completion of trial, apart from 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 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.

30.01.2023 ata C.V.KARTHIKEYAN.

J.

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ata To

1. The XXIII Additional Sessions Court, Chennai.

2. The Superintendent, Central Prison - II, Puzhal. 3.The Inspector of Police, G-7, Chetpet Police Station, Chennai.

4.The Public Prosecutor, High Court of Madras.

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