Akash @ Honestraj v. The State Rep.By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 07.02.2024

CORAM

THE HON'BLE MR. JUSTICE C.V.KARTHIKEYAN Akash @ Honestraj

...Petitioner/Accused-2

Vs.

State represented by The Inspector of Police, K-10, Koyambedu Police Station, Chennai.

(Crime No.22 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 C.C.No.8223 of 2021 on the file of the V Metropolitan Magistrate, Egmore, Chennai, on such terms and conditions.

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

ORDER

The petitioner/A3 in C.C.No.8223 of 2021, now pending before the V Metropolitan Magistrate, Egmore, Chennai, seeks bail. Originally, Crime No.22 of 2021 had been registered by the respondent for the offences under Sections 341, 294(b), 324, 147, 148 & 506(ii) of IPC, seeks bail. The petitioner had been remanded to custody on 29.09.2022. 2.It is stated that A1 had been granted bail. It is also stated that after completion of investigation final report had been filed and the same had been taken cognizance as C.C.No.8223 of 2021 which is now pending before the V Metropolitan Magistrate, Egmore, Chennai. 3.Taking all the factors into consideration, I am inclined to grant bail to the petitioner 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 V Metropolitan Magistrate Court, Egmore, Chennai, and on further conditions that: - 2/4

[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 petitioner shall appear before the V Metropolitan Magistrate, Egmore, Chennai, 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.

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C.V.KARTHIKEYAN.

J.

ata To

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

2. The Central Prison, Puzhal, Chennai.

3.The Inspector of Police, K-10, Koyambedu Police Station, Chennai.

4.The Public Prosecutor, High Court of Madras.

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