Channabasappa v. State Rep.By Its

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 02.02.2024

CORAM

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

...Petitioner/Accused

Vs.

State represented by The Inspector of Police, Hudco Police Station, Hosur, Krishnagiri District.

(Crime No.04 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.04 of 2024 on the file of the respondent police on such terms and conditions. For Petitioner : Mr.M.P.Saravanan For Respondent : Mr.L.Baskaran Government Advocate (Crl. Side) 1/4

ORDER

The petitioner seeks bail in Crime No.04 of 2024, registered by the respondent for the offences under Sections 294(b), 307 of IPC @ 294(b), 307 and 427 of IPC. The petitioner had been remanded to custody on 05.01.2024.

2.The petitioner was working in Raja Crowns and Cans Company. The injured was working as General Manager in the said Company. There had been internal dispute among the employees and the Manager, this led to quarrel which escalated into violence and it is stated that the petitioner had assaulted in the right shoulder and right hand of the injured.

3.It is also stated that the injured had been discharged from the hospital.

4.Taking all the factors into consideration, I am inclined to grant bail to the petitioner subject to the following conditions: 5.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 2/4

Thousand only) with two sureties, each for a like sum to the satisfaction of the Judicial Magistrate II, Hosur, 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 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 3/4

C.V.KARTHIKEYAN.

J.

ata To

1. The Judicial Magistrate II, Hosur.

2. The Central Prison, Salem.

3.The Inspector of Police, Hudco Police Station, Hosur, Krishnagiri District.

4.The Public Prosecutor, High Court of Madras.

02.02.2024 4/4