Thandabani v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 13.02.2024

CORAM

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

...Petitioner/Accused

Vs.

State represented by The Inspector of Police, Gudiyatham Town Police Station, Vellore District.

(Crime No.384 of 2021)

...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.384 of 2021 on the file of the respondent on such terms and conditions.

For Petitioner : Mr.E.Kannadasan For Respondent : Mr.L.Baskaran Government Advocate (Crl. Side) 1/4

ORDER

The petitioner/A2 in Crime No.384 of 2021, registered by the respondent for the offences under Sections 420, 411, 414 of IPC, seeks bail. The petitioner had been remanded to judicial custody on 21.12.2023.

2.It is stated that there are two accused. It is stated that A1 had snatched the chain of the defacto complainant and had sold it to the petitioner herein. It is stated that it was eight sovereigns of gold chain and had received at Rs.80,000/-. It is also stated that 4.5 sovereigns of gold chain had been recovered.

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 Judicial Magistrate, Gudiyatham, 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 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.

13.02.2024 ata C.V.KARTHIKEYAN.

J.

3/4

ata To 1.The Judicial Magistrate, Gudiyatham.

2.Central Prison, Vellore.

3.The Inspector of Police, Gudiyatham Town Police Station, Vellore District.

4.The Public Prosecutor, High Court of Madras.

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