Harish v. State Rep.By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 02.02.2024

CORAM

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

...Petitioner/Accused-3

Vs.

State represented by The Inspector of Police (Law & Order), P-6, Kodungaiyur Police Station, Kodungaiyur, Chennai-600 181.

(Crime No.753 of 2023)

...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.753 of 2023 on the file of the respondent police on such terms and conditions. For Petitioner : Mr.D.Rajesh For Respondent : Mr.L.Baskaran Government Advocate (Crl. Side) 1/4

ORDER

The petitioner seeks bail in Crime No.753 of 2023, registered by the respondent for the offence under Section 328 of IPC and remanded to custody on 29.12.2023.

2.All the other accused had been granted bail by the learned Principal Sessions Judge, Chennai. It is stated that the petitioner had purchased 100 tablets of Topcyntal 100 mg. It is stated that the petitioner is studying in College and innocent of the offence. 3.Taking all the factors into consideration and the period of incarceration, I am inclined to grant bail to the petitioner herein 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 X Metropolitan Magistrate, Egmore Court, 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 2/4

their Aadhar card or Bank pass Book to ensure their 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 of Kerala [(2005)AIR SCW 5560].

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

02.02.2024 ata C.V.KARTHIKEYAN.

J.

ata To 3/4

1. The X Metropolitan Magistrate, Egmore Court.

2. The Sub-jail, Saidapet.

3.The Inspector of Police (Law & Order), P-6, Kodungaiyur Police Station, Kodungaiyur, Chennai-600 181.

4.The Public Prosecutor, High Court of Madras.

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