Stanley Lohn v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 14.03.2024

CORAM

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

State represented by Inspector of Police, Sathuvachari Police Station, Vellore District.

Crime No.06 of 2024 ... Respondent PRAYER: Criminal Original Petition filed under Section 439 of Cr.P.C., prayed to enlarge the petitioner on bail in Crime No.06 of 2024 on the file of the respondent.

For Petitioner : Mr.G.Vinodhkumar For Respondent : Mr.L.Baskaran Government Advocate (Crl. Side)

ORDER

The petitioner who was arrested and remanded to judicial custody on 28.01.2024 for the offences registered under Sections 279 and 337 IPC 1/4

and later, altered to Section 307 IPC, in Crime No.06 of 2024 on the file of the respondent Police, seeks bail.

2.The case of the prosecution is that the petitioner was driving a car and dashed against the two wheeler in which the injured was travelling. 3.The nature of injuries shows that there had been injuries in the hands and legs.

4.The Registration Number of the car is TN 23 CB 1272 in which the petitioner was travelling. This information can be used for claiming insurance by the injured for the injuries suffered. 5.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:

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 Judicial Magistrate No.V, Vellore 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. 2/4

[b]the petitioner shall report before the respondent police on 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].

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

14.03.2024 vkr To 1.The Judicial Magistrate No.V, Vellore.

2. The Inspector of Police, Sathuvachari Police Station, Vellore District. 3.The Central Prison, Vellore.

4. The Public Prosecutor, High Court of Madras. 3/4

C.V.KARTHIKEYAN, J.

vkr 14.03.2024 4/4