Vasikaran v. Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 30.01.2024

CORAM

THE HON'BLE MR. JUSTICE C.V.KARTHIKEYAN 1.Vasikaran 2.Saran

...Petitioners/Accused 1 & 2

Vs.

State represented by The Inspector of Police, E-1, Mylapore Police Station, Chennai.

(Crime No.2 of 2024)

...Respondent

PRAYER: Criminal Original Petition is filed under Section 439 of Cr.P.C. praying to enlarge the petitioner on bail concerned in Crime No.2 of 2024 on the file of the respondent on such terms and conditions. For Petitioner : Mr.G.Pandian For Respondent : Mr.L.Baskaran Government Advocate (Crl. Side) 1/4

ORDER

The petitioners/A1 & A2 in Crime No.2 of 2024, registered by the respondent for the offences under Sections 341, 294(b), 324, 307, 506(ii) of IPC, seek bail. They had been remanded to custody on 02.01.2024. 2.It is stated that the co-accused had been granted relief in Crl.M.P.No.783 of 2024 by the learned Principal Sessions Judge, Chennai on 08.01.2024.

3.The only limiting factor against the petitioners is that the 1st petitioner has seven previous cases and the 2nd petitioner has eight previous cases but it is seen that the injured had also been discharged from hospital on the very same day.

4.Taking into consideration all the factors, I am inclined to grant bail to the petitioners herein 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 XVIII Metropolitan Magistrate, Saidapet, and on further conditions that: - [a] the sureties shall affix their photographs and Left Thumb 2/4

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 shall report before the respondent everyday at 10.30 a.m., until further orders.

[c] the petitioners shall not abscond either during investigation or trial.

[d] the petitioners 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 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].

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

30.01.2023 ata C.V.KARTHIKEYAN.

J.

3/4

ata To 1.The XVIII Metropolitan Magistrate, Saidpet. 2.The Superintendent, Central Prison, Puzhal. 4.The Inspector of Police/ The Station House Officer, Nellikuppam Police Station, Cuddalore.

5.The Public Prosecutor, High Court of Madras.

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