Jegan @ Jeganathan v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 08.02.2024

CORAM

THE HON'BLE MR. JUSTICE C.V.KARTHIKEYAN Jegan @ Jeganathan

...Petitioner/Accused-3

Vs.

State represented by The Inspector of Police, Thiruverkadu Police Station, Avadi City.

(Crime No.959 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.959 of 2023 on the file of the respondent on such terms and conditions. For Petitioner : Mr.R.Sasikumar For Respondent : Mr.L.Baskaran Government Advocate (Crl. Side) 1/4

ORDER

The petitioner/A3 seeks bail in Crime No.959 of 2023, registered by the respondent for the offences under Sections 294(b), 324, 307 and 506(ii) of IPC. The petitioner had been remanded to judicial custody on 05.01.2024.

2.It is stated that on 29.12.2023, all the accused persons went over to the printing press of the defacto complainant and asked him to print a banner for condolence which was refused by the defacto complainant. There was a quarrel which escalated into violence and ultimately caused grievous injuries to the defacto complainant. It is stated that he had been discharged from the hospital.

3.It is stated that there are four previous cases against the petitioner but taking all other factors into consideration, 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 No.II, Poonamallee, and on further conditions that: - 2/4

[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 everyday morning at 10.30 a.m., and evening 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.

08.02.2024 ata C.V.KARTHIKEYAN.

J.

ata To 3/4

1. The Judicial Magistrate No.II, Poonamallee.

2. The Central Prison, Puzhal.

3.The Inspector of Police, Thiruverkadu Police Station, Avadi City.

4.The Public Prosecutor, High Court of Madras.

08.02.2024 4/4