Kalidas v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 19.02.2024

CORAM

THE HON'BLE MR. JUSTICE C.V.KARTHIKEYAN 1.Kalidas 2.Ramakrishnan 3.Manoj

...Petitioners

Vs.

State represented by The Inspector of Police, Pernambut Police Station, Pernambut, Vellore District.

(Crime No.38 of 2024)

...Respondent

PRAYER: Criminal Original Petition is filed under Section 439 of Cr.P.C. praying to enlarge the petitioners on bail concerned in Crime No.38 of 2024 on the file of the respondent police. For Petitioners : Mr.G.Vinodhkumar For Respondent : Mr.L.Baskaran Government Advocate (Crl. Side) 1/4

ORDER

The petitioners who were arrested and remanded to judicial custody on 17.01.2024 registered by the respondent police for the offences punishable under Sections 294(b), 323, 324, 506(ii) and 307 of IPC in Crime No.38 of 2024 on the file of the respondent Police, seek bail.

2. The case of the prosecution is that the accused had assaulted the defacto complainant and her sons with hands and wooden logs. 3.The learned Government Advocate (Crl. Side) for the respondent stated that the injured persons had been discharged from the hospital on the next day i.e., 18.01.2024.

4.Taking into consideration the period of incarceration and also of the fact that the injured had been discharged from the hospital, this Court is inclined to grant bail to the petitioners subject to the following conditions:

5. Accordingly, the petitioners are ordered to be released on bail on their executing a separate bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) each with two sureties, each for a like sum to the 2/4

satisfaction of the Judicial Magistrate, Gudiyatham 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 daily 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 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]. [f] 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, Gudiyatham.

2. The Central Prison, Vellore.

3.The Inspector of Police, Pernambut Police Station, Pernambut, Vellore District.

4.The Public Prosecutor, High Court of Madras.

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