Rajadurai @ Raja v. State By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 25.03.2024

CORAM

THE HON'BLE MR. JUSTICE C.V.KARTHIKEYAN Rajadurai @ Raja ... Petitioner Vs.

The State by The Inspector of Police, Thoppur Police Station, Dharmapuri District.

Crime No.323 of 2023 ... Respondent PRAYER: Criminal Original Petition filed under Section 439 of Cr.P.C., prayed to enlarge the petitioner on bail in Crime No.323 of 2023 on the file of the respondent Police.

For petitioner : Mr.P. Pugalenthi For Respondent : Mr.L.Baskaran Government Advocate (Crl. Side)

ORDER

The petitioner who was arrested and remanded to judicial custody on 19.01.2024 for the offences registered under Sections 147, 364 A of IPC in Crime No.323 of 2023, on the file of the respondent Police, seeks bail.

2. The case of the prosecution is that a complaint was received 1/4

stating that when the elder brother son of the defacto complainant and the friend of the son were traveling to Bangalore, the accused persons had intercepted the car and had voluntarily boarded the car. Thereafter, the elder brother son of the defacto complainant and the friend of the son were under the custody of the accused persons and they demanded a ransom of Rs.30,00,000/-

3. The learned Government Advocate appearing for the respondent submitted that bail was granted for some of the co-accused by the Lower Court.

4.Taking all the factors into consideration and also considering the period of incarceration undergone by the petitioner, I am inclined to grant bail to the petitioner subject to the following conditions: 5.Accordingly, the petitioner is ordered to be released on bail on condition to execute 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 learned Judicial Magistrate Court No.2, Dharmapuri 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, everyday at 10.30 a.m., until further orders. [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.

25.03.2024 smn C.V.KARTHIKEYAN,J.

smn 3/4

To 1.The Judicial Magistrate Court No.2, Dharmapuri 2.The Inspector of Police, Thoppur Police Station, Dharmapuri District.Crime No.323 of 2023 3.The Central Prison, Salem.

4. The Public Prosecutor, High Court of Madras. 25.03.2024 4/4