Ranganathan v. Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 14.03.2024

CORAM

THE HON'BLE MR. JUSTICE C.V.KARTHIKEYAN Ranganathan ... Petitioner Vs.

State represented by Inspector of Police, Udumalaipet Police Station, Tiruppur District.

Crime No.506 of 2013 ... Respondent PRAYER: Criminal Original Petition filed under Section 439 of Cr.P.C., prayed to enlarge the petitioner on bail in P.R.C.No.3 of 2017 on the file of the Judicial Magistrate No.I, Udumalpet.

For Petitioner : Mr.A.Saranraj For Respondent : Mr.L.Baskaran Government Advocate (Crl. Side)

ORDER

The petitioner is an accused in P.R.C.No.3 of 2017 now pending trial before the learned Judicial Magistrate No.I, Udumalpet, seeks bail. 1/4

2.Originally, Crime No.506 of 2013 had been registered by the respondent Police under Sections 147, 148, 294(b), 323, 307, 506(i), 307 r/w 34 IPC and Section 3(1) of TNPPDL Act.

3.The petitioner had been remanded to judicial custody on 31.01.2024 on execution of Non Bailable Warrant on 17.11.2023. 4.Pending the trial, 3 of the accused died. But, Non Bailable Warrant is still pending against A2 and A3.

5.The matter had been adjourned on earlier occasion to get information about A2 and A3. Now the learned counsel for the petitioner stated that there is no further information available so far as the accused Nos.1 and 2.

6.Taking all the factors into consideration and the period of incarceration, I am inclined to grant bail to the petitioner subject to the following conditions:

7.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 learned Judicial Magistrate No.I, Udumalpet 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 report before the learned Judicial Magistrate No.I, Udumalpet, everyday, till the date of committal and thereafter, before the Sessions Court, on every Monday, apart from the Court hearing dates, till framing of charges and thereafter, during 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.

14.03.2024 vkr 3/4

C.V.KARTHIKEYAN, J.

vkr To 1.The Judicial Magistrate No.I, Udumalpet.

2. The Inspector of Police, Udumalaipet Police Station, Tiruppur District.

3.The Central Prison, Coimbatore.

4. The Public Prosecutor, High Court of Madras. 14.03.2024 4/4