Prabudeva v. State Of Tamilnadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 14.03.2024

CORAM

THE HON'BLE MR. JUSTICE C.V.KARTHIKEYAN 1.Prabudeva 2.Bharath

...Petitioners

Vs.

State represented by The Inspector of Police, B-3, Kanchi Taluk Police Station, Kanchipuram District.

(Crime No.29 of 2024)

...Respondent

PRAYER:Criminal Original Petition is filed under Section 439 of Cr.P.C. praying to enlarge the petitioners on bail concerned in Crime No.29 of 2024 on the file of the respondent police.

For petitioners : Mr.M.Illiyas For Respondent : Mr.L.Baskaran Government Advocate (Crl. Side)

ORDER

The petitioners who were arrested and remanded to judicial custody on 08.01.2024 registered by the respondent police for the offences 1/4

punishable under Section 302 of IPC, in Crime No.29 of 2024 on the file of the respondent Police, seek bail.

2. The case of the prosecution is that A1 and the deceased were both brokers at Road Transport Office, Karaipettai and there was some enmity over the sharing of the clients and division of the commission. 3.It is stated that all the accused who are friends had assaulted the deceased. The petitioners had been in incarceration from 08.01.2024. 4.Taking all the factors into consideration and the period of incarceration, this Court is inclined to grant bail to the petitioners subject to the following conditions:

5. Accordingly, the petitioners are ordered to be released on bail on executing a separate bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) each with two sureties, each for a like sum to the satisfaction of the Judicial Magistrate No.II, Kancheepuram 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 petitioners shall report before the respondent Police daily at 10.30 a.m., until further orders. 2/4

[c] the petitioners shall not abscond either during investigation or trial.

[d] the petitioners 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 petitioners in accordance with law as if the conditions have been imposed and the petitioners 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.

19.02.2024 vkr To

1. The Judicial Magistrate No.II, Kanchipuram.

2. The Central Prison, Puzhal, Chennai.

3.The Inspector of Police, Kanchi Taluk Police Station, Kanchipuram District.

4.The Public Prosecutor, High Court of Madras.

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C.V.KARTHIKEYAN.

J.

vkr 14.03.2024 4/4