Surjith 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 Surjith

...Petitioner/A10

Vs.

State represented by The Inspector of Police, Needamangalam Police Station, Thiruvarur District.

(Crime No.660 of 2021).

...Respondent/Complainant

PRAYER:

Criminal Original Petition is filed under Section 439 of Cr.P.C. praying to enlarge the petitioner on bail in Crime No.660 of 2021 on the file of the respondent police..

For Petitioner : Mr.D. Padmanabhan For Respondent : Mr.L.Baskaran Govt. Advocate (Crl. Side) 1/4

ORDER

The petitioner / A10, who was arrested and remanded to judicial custody on 09.01.2024 for the offences punishable under Sections 147, 148, 341 of IPC and Section 3(1) of Tamil Nadu Public Property Act, 1992 in Crime No.660 of 2021 on the file of the respondent, seeks bail 2.It is stated that owing to a general agitation, all the accused persons who are 18 in number had damaged the public transport bus travelling between the Chennai and Kumbakonam on 10.11.2021. 3.It is the contention of the learned Government Advocate (Crl. Side) that the damages suffered of worth about more than Rs.3,08,350/-, but the said incident took place on 10.11.2021 more than two years back. 4.Taking all the factors into consideration, this Court is inclined to grant bail to the petitioner subject to the following conditions: 2/4

5.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 District Munsif -Cum- Judicial Magistrate, Needamangalam, Tiruvarur District, 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 petitioner shall report before the respondent police everyday at 10.30 a.m., for a period of two weeks and thereafter as and when required for interrogation. [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].

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C.V.KARTHIKEYAN.

J.

smv [f] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.

14.03.2024 smv To 1.The District Munsif -Cum- Judicial Magistrate, Needamangalam, Tiruvarur District

2. The Sub-Jail, Mannargudi.

3.The Inspector of Police, Needamangalam Police Station, Thiruvarur District..

4.The Public Prosecutor, High Court of Madras.

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