Sakthivel v. State Rep.By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 06.02.2024

CORAM

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

...Petitioner/Accused

in Crl.O.P.No.2305 of 2024 Dhanush @ Danush

...Petitioner/Accused

in Crl.O.P.No.2306 of 2024 Naveen @ Naveenkumar

...Petitioner/Accused

in Crl.O.P.No.2207 of 2024 Vs.

State represented by The Inspector of Police, D-1, Triplicane Police Station, Chennai - 600 012.

(Crime No.08 of 2024) ... Respondent in all Crl.O.Ps PRAYER:

Criminal Original Petitions filed under Section 439 of Cr.P.C. praying to enlarge the petitioners on bail concerned in Crime No.08 of 2024 on the file of the respondent police on such terms and conditions. 1/5

(In Crl.O.P.Nos.2305 & 2306 of 2024) For Petitioners : Mr.M.Balaji For Respondent : Mr.L.Baskaran Government Advocate (Crl. Side) (In Crl.O.P.No.2207 of 2024) For Petitioners : Mr.Y.Deva Arul Prakash For Respondent : Mr.L.Baskaran Government Advocate (Crl. Side) COMMON ORDER The 1st accused has filed Crl.O.P.No.2207 of 2024, the 6th accused has filed Crl.O.P.No.2306 and the 5th accused has filed Crl.O.P.No.2305 of 2024, all in Crime No.08 of 2024, registered by the respondent for the offences under Sections 143, 341, 294(b), 336, 353, 506(2) of IPC, seek bail. They had been remanded to custody on 13.01.2024. 2.It is stated that the petitioners and the other accused, who are students of Presidency College, were travelling in a bus in Route No.29A and had climbed to the top of the bus and threatened other passengers and were hanging in dangerous manner. Some of the accused had ran away and some of them/these petitioners had been secured and remanded to 2/5

custody.

3.Taking all the factors into consideration, I am inclined to grant bail to the petitioner in all the criminal original petitions subject to the following conditions:

4.Accordingly, the petitioner in all the criminal original petitions are ordered to be released on bail on condition to execute separate 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 II Metropolitan Magistrate, Egmore, Chennai, 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 petitioners shall report before the respondent police everyday at 05.30 p.m., for a period of three weeks and thereafter, as and when required for interrogation.

[c] The learned II Metropolitan Magistrate, Egmore, Chennai, may inform the Principal, Presidency College, Chennai, that the petitioners herein, are accused in Crime No.08 of 2024, registered for the offences under Sections 143, 341, 294(b), 336, 353, 506(2) of IPC and the Principal of Presidency College, Chennai, is directed to 3/5

record the above details in the College Register of these petitioners and mention it in every certificate issued to the petitioners. [d] the petitioners shall not abscond either during investigation or trial.

[e] the petitioners 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 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].

[g] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.

06.02.2024 ata C.V.KARTHIKEYAN.

J.

ata 4/5

To

1. The II Metropolitan Magistrate, Egmore, Chennai.

2. The Sub-jail, Saidapet, Chennai.

3.The Inspector of Police, D-1, Triplicane Police Station, Chennai - 600 012.

4.The Public Prosecutor, High Court of Madras.

06.02.2024 5/5