Arivazhagan @ Arivu v. State By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 30.01.2024

CORAM

THE HON'BLE MR. JUSTICE C.V.KARTHIKEYAN Crl.OP.No.1553 of 2024 Arivazhagan @ Arivu

...Petitioner

Vs.

State rep by, The Inspector of Police, Kandamangalam Police Station, Villupuram District.

( Crime No.600 of 2023)

...Respondent

PRAYER: Criminal Original Petition filed under Section 439 of Cr.P.C. praying to enlarge the petitioner on bail in FIR in Crime No.600 of 2023 on the file of the respondent police.

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

ORDER

The petitioner seeks bail in Crime No.600 of 2023 registered under Sections 341,323,397,506(ii) of I.P.C on the file of the respondent police. 2.The petitioner had been remanded to judicial custody on 1/4

23.12.2024. The case of the prosecution is that the petitioner attempted to commit robbery at knife point.

3. The main objection raised against the respondent is that there are five previous case against the petitioner. Two cases under Section 307 of I.P.C, one case under Section 302 of I.P.C and two cases under TNPPDL Act. However the facts of this case should looked in a isolated manner. 3.Taking all the factors into consideration and the period of incarceration, this Court is inclined to grant bail to the petitioner subject to the following conditions.

4.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 each for a like sum to the satisfaction of the learned Judicial Magistrate-II, Villupuram, and on further conditions that:

[a] the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the Magistrate may 2/4

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 morning at 10.30 a.m., and evening at 5:30 p.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 of Kerala [(2005)AIR SCW 5560].

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

30.01.2024 smn C.V.KARTHIKEYAN, J.

3/4

smn To

1. The Judicial Magistrate-II, Villupuram 2.TThe Inspector of Police, Kandamangalam Police Station, Villupuram District.

3.District Prison, Villupuram.

4.The Public Prosecutor, Madras High Court.

Crl.OP.No.1553 of 2024 30.01.2024 4/4