Vigneshwaran v. The State Represented By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 09.02.2024

CORAM

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

...Petitioner/Accused-2

Vs.

State represented by The Inspector of Police, B-5, Walajabad Police Station, Kancheepuram District.

(Crime No.937 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.937 of 2023 on the file of the respondent police on such terms and conditions. For Petitioner : Mr.C.D.Sugumar For Respondent : Mr.L.Baskaran Government Advocate (Crl. Side) 1/4

ORDER

The petitioner /A1 in Crime No.937 of 2023, registered by the respondent police for the offence under Section 392 of IPC, seeks bail. The petitioner had been remanded to judicial custody on 12.12.2023. 2.It is the case of the prosecution that on 08.12.2023, the defacto complainant was intercepted by all the accused and they threatened and a sum of Rs.20,000/- was robbed.

3.It is stated that A3 is still absconding and A2 had been granted bail. This petitioner is working as Armed Reserve Police but however, taking into consideration the period of incarceration, I am 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 Judicial Magistrate Court No.II, Kancheepuram District, 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 2/4

everyday morning at 10.00 a.m., afternoon at 2.00 p.m., and evening at 6.00 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.

5.The respondent police may forward a report to the District Superintendent of Police, Kancheepuram District, regarding the suitability of the petitioner to continue in service. 09.02.2024 ata C.V.KARTHIKEYAN.

J.

3/4

ata To 1.The Judicial Magistrate Court No.II, Kancheepuram District. 2.Central Prison, Puzhal.

3.The Inspector of Police, B-5, Walajabad Police Station, Kancheepuram District.

4.The Public Prosecutor, High Court of Madras.

09.02.2024 4/4