Anand Kumar 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 1.Anand Kumar 2.Rewanti Kumari

...Petitioners/Accused

Vs.

State represented by The Inspector of Police, P-4, Basin Bridge Police Station, Chennai.

(Crime No.567 of 2023)

...Respondent

PRAYER:

Criminal Original Petition is filed under Section 439 of Cr.P.C. praying to enlarge the petitioners on bail concerned in Crime No.567 of 2023 on the file of the respondent police on such terms and conditions. For Petitioners : Mr.P.Praveenkumar For Respondent : Mr.L.Baskaran Government Advocate (Crl. Side) 1/4

ORDER

The petitioners/accused in Crime No.567 of 2023, registered by the respondent for the offences under Sections 324, 307 and 392 of IPC, seeks bail. The petitioners had been remanded to custody on 30.12.2023. 2.It is the case of the prosecution that the respondent received information from the Stanley Government Medical College and Hospital, Chennai, that an injured patient had given a statement that when he was in the Railway Station, pepper spray was sprayed over him and he was assaulted and his mobile phone and Rs.2,500/- cash had been stolen. 3.The learned Government Advocate (Crl. Side) for the respondent stated that the injured person subsequently ran from the hospital. 4.Taking that factor into consideration, I am inclined to grant bail to the petitioners subject to the following conditions: 5.

Accordingly, the petitioners are ordered to be released on bail on condition to execute separate bond for a sum of Rs.

[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 petitioners shall report before the respondent police everyday at 10.30 a.m., for a period of two weeks and thereafter, as and when required for interrogation.

[c] the petitioners shall not abscond either during investigation or trial.

[d] the petitioners 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 petitioners in accordance with law as if the conditions have been imposed and the petitioners 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.

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C.V.KARTHIKEYAN.

J.

ata To

1. The X Metropolitan Magistrate Court, Egmore, Chennai.

2. The Central Prison, Puzhal-II, Chennai.

3.The Inspector of Police, P-4, Basin Bridge Police Station, Chennai.

4.The Public Prosecutor, High Court of Madras.

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