Veeramani v. Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 08.03.2024

CORAM

THE HON'BLE MR. JUSTICE C.V.KARTHIKEYAN Veeramani

...Petitioner/Accused

Vs.

State represented by The Inspector of Police, Neyveli Township Police Station, Cuddalore District.

(Crime No.410 of 2023)

...Respondent

PRAYER:

Criminal Original Petition is filed under Section 439 of Cr.P.C. praying to enlarge the petitioner on bail concerned in Crime No.410 of 2023 on the file of the respondent police on such terms and conditions. For Petitioner : Mr.R.Suryaprakash For Respondent : Mr.L.Baskaran Government Advocate (Crl. Side) 1/5

ORDER

The petitioner/accused in Crime No.410 of 2023, registered by the respondent police for the offences under Sections 399 of IPC r/w Section 25(1-A) of Arms Act, seeks bail. The petitioner had been remanded to judicial custody on 08.11.2023.

2.It is the case of the prosecution that the petitioner and other accused were playing cards by covering their faces and planning to commit dacoity and on search, they were found in possession of veecharival and iron rods.

3.The learned counsel for the petitioner stated that the petitioner was not in the scene of occurrence.

4.A counter affidavit had been filed on behalf of the respondent, that there are as many as 15 previous cases against the petitioner and that the petitioner had been detained under the Tamil Nadu Act 14 of 1982 on three separate occasions.

5.The earlier application seeking bail in Crl.O.P.No.721 of 2024 had been dismissed by this Court on 22.01.2024. Even on that date, it had been observed that final report had been filed but not taken on file and 2/5

now, there is a change in circumstance that the said final report had been taken cognizance as PRC.No.2 of 2024 by the District Munsif cum Judicial Magistrate, Neyveli.

6.In view of that change in circumstance, 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 District Munsif cum Judicial Magistrate, Neyveli, 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 20 days and thereafter, appear before the District Munsif cum Judicial Magistrate, Neyveli, everyday at 10.30 a.m., for a further period of 20 days and thereafter, as and when required for interrogation. [c] the petitioner shall not abscond either during investigation or 3/5

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.

08.03.2024 ata C.V.KARTHIKEYAN.

J.

4/5

ata To

1. The District Munsif cum Judicial Magistrate, Neyveli.

2. The Central Prison, Cuddalore.

3.The Inspector of Police, Neyveli Township Police Station, Cuddalore District.

4.The Public Prosecutor, High Court of Madras.

08.03.2024 5/5