Appu @ Dhamodaran v. The State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 20.03.2024

CORAM

THE HON'BLE MR. JUSTICE C.V.KARTHIKEYAN Appu @ Dhamodaran ..Petitioner Vs.

State represented by The Inspector of Police, J-3, Guindy Police Station, Adyar.

(Crime No.464 of 2023). ...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.562 of 2023 pending on the file of the VII Additional Sessions Judge, Chennai. For Petitioner : Mr.B.Gowtham For Respondent : Mr.L.Baskaran Govt. Advocate (Crl. Side)

ORDER

The petitioner who is arrayed as A11 in S.C.No.562 of 2023 now pending trial before the learned VII Additional Sessions Judge, Chennai, seeks bail.

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2.Originally, Crime No.464 of 2023 had been registered by the respondent Police under Sections 147, 148, 302, 120(B) IPC. 3.The petitioner absconded from judicial process necessitating Non Bailable Warrant to be issued on 01.11.2023 and the petitioner was secured only on 16.02.2024.

4.The learned counsel for the petitioner stated that the petitioner had been remanded in another case, due to which, he could not appear before the Court.

5.Taking all the factors into consideration and the period of incarceration, this Court is inclined to grant bail to the petitioner subject to the following conditions:

6.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 VII Additional Sessions Judge, 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 VII Additional Sessions Judge, Chennai, on every Monday, 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.

20.03.2024 vkr C.V.KARTHIKEYAN.

J.

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vkr To 1.The VII Additional Sessions Judge, Chenai.

2.The Central Prison, Puzhal.

3.The Inspector of Police, J-3, Guindy Police Station, Adyar.

4.The Public Prosecutor, High Court of Madras. 20.03.2024 4/4