D.Saravanan 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 D.Saravanan ... Petitioner Vs.

State represented by Inspector of Police, K10, Koyambedu Police Station, Chennai.

Crime No.313 of 2017 ... Respondent PRAYER: Criminal Original Petition filed under Section 439 of Cr.P.C., prayed to enlarge the petitioner on bail in S.C.No.370 of 2019 on the file of the Sessions Judge, Mahila Court, Allikulam, Chennai. For Petitioner : Mr.T.V.G.Kartheeban For Respondent : Mr.L.Baskaran Government Advocate (Crl. Side)

ORDER

The petitioner is an accused in S.C.No.370 of 2019 now pending trial before the learned Sessions Judge, Mahila Court, Chennai, seeks bail. 1/4

2.Originally, Crime No.313 of 2017 had been registered by the respondent Police under Sections 326 and 307 IPC. 3.A Non Bailable Warrant had been issued against the petitioner on 31.03.2023 and executing by effecting formal arrest on 29.02.2024. 4.It is stated that the matter is now listed before the Sessions Court on 15.03.2024 for examination of witnesses.

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, (Out of which, one must be a blood related surety) each for a like sum to the satisfaction of the learned Sessions Judge, Mahila Court, 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. [b]the petitioner shall report before the learned Sessions Judge, Mahila Court, Chennai, on every Monday, apart from the Court hearing dates, till the completion of the trial. 2/4

[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 Sessions Judge, Mahila Court, Chennai.

2. The Inspector of Police, K10, Koyambedu Police Station, Chennai.

3.The Central Prison, Puzhal.

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

C.V.KARTHIKEYAN, J.

vkr 14.03.2024 4/4