Parthiban v. Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 19.02.2024

CORAM

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

...Petitioner

Vs.

State represented by The Inspector of Police, Vellore North L&O Police Station, Vellore District.

(Crime No.10 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.10 of 2024 on the file of the respondent police. For petitioner : Mr.S.Silambuselvan For Respondent : Mr.L.Baskaran Government Advocate (Crl. Side)

ORDER

The petitioner who was arrested and remanded to judicial custody on 09.01.2024 registered by the respondent police for the offences 1/4

punishable under Sections294(b), 386, 307 of IPC in Crime No.10 of 2024 on the file of the respondent Police, seeks bail.

2. The case of the prosecution is that the petitioner went over to the baby's toy shop at Burma Bazaar, Vellore and wanted to purchase a toy and did not have money, came back and poured diesel into the shop and tried to set at fire. The defacto complainant ran away from the place. 3.In the counter affidavit, the antecedents of the petitioner have been listed but however it has been viewed this as isolated antecedents about the pendency of 8 cases against the petitioner. 4.Taking into consideration the period of incarceration and all other factors, this Court is inclined to grant bail to the petitioner subject to the following conditions:

5. Accordingly, the petitioner is ordered to be released on bail on executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) each with two sureties, each for a like sum to the satisfaction of the Judicial Magistrate No.IV, Vellore 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 2/4

Bank pass Book to ensure their identity.

[b] the petitioner shall report before the respondent Police daily at 10.30 a.m., until further orders. [c] the petitioner shall make a non-refundable deposit of Rs.5,000/- (Rupees Five Thousand only) to the credit of Karunalaya Children's Home, Jaffrapet, Senur, near Reserve Forest, Vellore, 632 006, ph.No.94430 35140.

[d] the petitioner shall not abscond either during investigation or trial.

[e] the petitioner shall not tamper with evidence or witness either during investigation or trial. [f] 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]. [g] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.

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C.V.KARTHIKEYAN.

J.

vkr To

1. The Judicial Magistrate No.IV, Vellore.

2. The Central Prison, Vellore.

3.The Inspector of Police, Vellore North L&O Police Station, Vellore District.

4.The Public Prosecutor, High Court of Madras.

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