B.Kumaravelu v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 02.03.2022

CORAM:

THE HON'BLE MR.JUSTICE DR.G.JAYACHANDRAN Crl.O.P.No.4466 of 2022 B.Kumaravelu .. Petitioner Vs.

The State rep. by The Inspector of Police, Siva Kanchi Police Station, Kancheepuram District.

(Crime No.170 of 2022) .. Respondent PRAYER: Criminal Original Petition has been filed under Section 439 of Cr.P.C praying to enlarge the petitioner on bail in Crime No.170 of 2022 filed before the District and Sessions Judge District and Sessions Court No II at Kancheepuram in Crl.M.P.No.203 of 2022. For Petitioner : M/s.G.Punniakoti For Respondent : M/s.G.V.Kasthuri Additional Public Prosecutor ********

ORDER

The petitioner/sole accused, who was arrested and remanded to judicial custody on 09.02.2022 for the offences punishable under Sections 294(b), 307, 323, 324, 506(ii) of IPC in Crime No.170 of 2022, on the file of the respondent police, seeks bail.

2. The petitioner was arrested on 09.02.2022 on a complaint given by one Thameenansari alleging that he at knife point, demanded a sum of Rs.5,000/- from the defacto complainant and when the defacto complainant refused to give the money, he attacked him on his thigh and back and thereafter, left the place threatening him with dire consequences, if he refused to accede his request. 3.Learned Additional Public Prosecutor appearing for the respondent submitted that the petitioner herein demanded mamool from the defacto complainant at knife point. She also submitted that no injury was sustained to the defacto complainant and the petitioner had no previous antecedents. Recording the same, the petitioner is ordered to be released on bail subject to the following conditions;

(a) the petitioner shall execute a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) with two sureties, each for a like sum to the satisfaction of the learned Judicial Magistrate No.1, Kancheepuram.

(b) the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the learned Magistrate may obtain a copy of their Aadhar Card or Bank Pass Book to ensure their identity; (c) the petitioner is directed to appear before the Investigating Officer daily at 10.30 a.m. until further orders; (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 Judicial 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.

-sd/- 02/03/2022 This order, on being produced, be punctually observed and carried into execution by all concerned TRUE COPY Sub-Assistant Registrar (Statistics/C.S.) High Court, Madras - 600 104.

TO 1 THE JUDICIAL MAGISTRATE, NO.I, KANCHEEPURAM.

2 THE CHIEF JUDICIAL MAGISTRATE CHENGALPATTU [FOR INFORMATION] 3 THE DISTRICT AND SESSIONS JUDGE DISTRICT AND SESSIONS COURT NO II, KANCHEEPURAM.

4 THE INSPECTOR OF POLICE, SIVA KANCHI POLICE STATION, KANCHEEPURAM DISTRICT.

5 THE OFFICER INCHARGE SUB JAIL, KANCHEEPURAM.

6 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

+1CC to M/S G.PUNNIAKOTI Advocate on payment of necessary charges SR.No.3176 CRL OP.4466/2022 Date :02/03/2022 CSK 02/03/2022