Soochi @ Suresh v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 16.02.2024

CORAM

THE HON'BLE MR. JUSTICE C.V.KARTHIKEYAN Soochi @ Suresh ... Petitioner Vs.

The State represented by The Inspector of Police, C-1 Flower bazaar Police Station, Chennai, Crime No.883 of 2018 ... Respondent PRAYER: Criminal Original Petition filed under Section 439 of Cr.P.C., prayed to enlarge the petitioner on bail in S.C.No.1 of 2024 pending before the XXII Additional Sessions Judge, Allikulam, Chennai in Crime No.883 of 2018 on the file of respondent police.

For Petitioner : Mr.R.C. Paul Kanagaraj For Respondent : Mr.L.Baskaran Government Advocate (Crl. Side)

ORDER

The petitioner is an accused in S.C.No.1 of 2024 pending on the file of the learned XXII Additional Sessions Judge, Allikulam, Chennai, 1/4

seeks bail.

2.Originally, Crime No.883 of 2018 had been registered for the offences under Sections 294(b), 392, 427, 506(2), 397 of IPC. 3.It is stated that Non Bailable Warrant has been issued against the petitioner on 02.05.2023 and him and the petitioner had been remanded to custody on 17.11. 2023. It is stated that already bail has been granted to the petitioner and as he was absconding from judicial process he was arrested on 17.11.2023.

4.Taking all the factors into consideration and the period of incarceration undergone by the petitioner, 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 his executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two fresh sureties, each for a like sum to the satisfaction of the learned XXII Additional Sessions Judge, Allikulam, Chennai and on further conditions that :- [a] the sureties shall affix his photographs and Left Thumb Impression in the surety bond and the Magistrate may obtain a copy of his Aadhar card or Bank pass Book to ensure his identity. [b] the petitioner shall report before the XXII Additional 2/4

Sessions Judge, Allikulam, Chennai, where S.C.No.1 of 2024 is pending everyday at 10.30 a.m., till completion of trial, apart from the Court hearing dates.

[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.

16.02.2024 smn 3/4

C.V.KARTHIKEYAN,J.

smn To 1.The XXII Additional Sessions Judge, Allikulam, Chennai 2.The Inspector of Police, C-1 Flower bazaar Police Station, Chennai, Crime No.883 of 2018 3.The Vellore Central Prison, Vellore

4. The Public Prosecutor, High Court of Madras. 16.02.2024 4/4