Jayasankar v. Station Head Officer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 14.02.2024

CORAM

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

1. Jayasankar

2. Selvamani 3.Madhubalan ... Petitioners Vs.

State Rep by the Station Head Officer, Oomangalam P.S Cuddalore District ... Respondent PRAYER: Criminal Original Petition filed under Section 439 of Cr.P.C., prayed to enlarge the petitioner on bail in Crime No.05 of 2024 on the file of the respondent.

For Petitioner : Ms. K. Gandhi Kumar For Respondent : Mr.L.Baskaran Government Advocate (Crl. Side) 1/5

ORDER

The petitioner, who was arrested and remanded to judicial custody on 11.01.2024, for the offences registered under Section 7(1)(a) of Criminal Law Amendment Act 2005, Section 27(1) of Arms Act, 1959 and Section 67 of Information Technology Act, 2000 in Crime No.05 of 2024 on the file of the respondent Police, seeks bail.

2. The case of the prosecution is that the petitioner along with other accused were standing in the middle of the road with a sword and threatening the general public. It is further stated there was offensive messages, photos and videos in the mobile phone of the petitioner. 3.Taking all the factors into consideration and the period of incarceration, this Court is inclined to grant bail to the petitioners subject to the following conditions.

4.Accordingly, the petitioners are ordered to be released on bail on condition to execute 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 2/5

learned District Munsif Cum- Judicial Magistrate, Neyveli 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 10.30 a.m., until further orders. [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 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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To 1.The District Munsif Cum- Judicial Magistrate, Neyveli 2.Station Head Officer, Oomangalam P.S Cuddalore District 3.The Central Prison, Cuddalore

4. The Public Prosecutor, High Court of Madras. 4/5

C.V.KARTHIKEYAN, J.

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