Kunjumani @ Sabarinathan v. Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 04.03.2024

CORAM

THE HON'BLE MR. JUSTICE C.V.KARTHIKEYAN Kunjumani @ Sabarinathan ...petitioner Vs.

State represented by The Inspector of Police, K10, Koyambedu Police Station, Chennai District.

Crime No.839 of 2020

...Respondent

PRAYER: Criminal Original Petition is filed under Section 439 of Cr.P.C. praying to enlarge the petitioner on bail in S.C.No.211 of 2022 pending on the file of the VI Additional Judge, City Civil Court, Chennai. For petitioner : Mr.P.Muthamizhselvakumar For Respondent : Mr.L.Baskaran Government Advocate (crl.side)

ORDER

The petitioner/A6 is an accused in S.C.No.211 of 2022 now pending before the VI Additional Judge, City Civil Court, Chennai.

2. Originally, Crime No.839 of 2020 had been registered by the 1/4

respondent Police under Sections 147, 148, 341, 302 r/w 149 of IPC. 3.Non Bailable Warrant was issued against the petitioner on 16.11.2023 and the petitioner was remanded to judicial custody on PT warrant on 06.02.2024 4.The learned Government Advocate (crl.side) stated that there are totally 9 accused and the petitioner is arrayed as A6 and the other accused are regularly appearing before the Court.

5.Taking all these factors into consideration and in order to give an opportunity to the petitioner to defend his case during the course of trial, I am inclined to grant bail to the petitioner subject to the following conditions:

6.Accordingly, the petitioner is ordered to be released on bail on executing 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 VI Additional Judge, City Civil Court, 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.

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[b] the petitioner shall report before the VI Additional Judge, City Civil Court, Chennai, on every Monday and Friday, apart from the Court hearing dates, till completion of the trial.

[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.

04.03.2024 vkr C.V.KARTHIKEYAN.

J.

vkr 3/4

To

1. The VI Additional Judge, City Civil Court, Chennai.

2. The Central Prison, Puzhal.

3. The Inspector of Police, K10, Koyambedu Police Station, Chennai District.

4.The Public Prosecutor, High Court of Madras. 04.03.2024 4/4