D.Muruganandam v. The State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 15.03.2024

CORAM

THE HON'BLE MR. JUSTICE C.V.KARTHIKEYAN 1.D.Muruganandam 2.S.Dinesh

...Petitioners

Vs.

State represented by The Inspector of Police, M2, Madhavaram Milk Colony Police Station, Madhavaram, Chennai-51.

(Crime No.61 of 2024)

...Respondent

PRAYER: Criminal Original Petitions filed under Section 439 of Cr.P.C. praying to enlarge the petitioners on bail concerned in Crime No.61 of 2024 on the file of the respondent police on such terms and conditions. For Petitioners : Mr.M.Jayaseelan For Respondent : Mr.L.Baskaran Government Advocate (Crl. Side)

ORDER

The petitioners who were arrested and remanded to judicial custody 1/5

on 15.02.2024 for the offences registered by the respondent under Sections 341, 294(b), 395, 397 & 506(ii) of IPC, in Crime No.61 of 2024, seek bail.

2.It is the case of the prosecution that the defacto complainant was driving his lorry bearing Regn.No.TN-04-AF-7459 with 25 tonnes of iron materials. The accused intercepted the lorry and drove away with it. But however, the lorry had been recovered along with stolen materials and also the mobile phone, which had been snatched away. 3.It is stated that A3 and A6 are absconding. The learned counsel for the petitioners stated that the petitioners are arrayed as A2 and A5. It is also stated that the other accused have been granted bail by this Court on 11.03.2024.

4.Taking that factor into consideration and the period of incarceration, I am inclined to grant bail to the petitioners subject to the following conditions:

5.Accordingly, the petitioners are ordered to be released on bail on condition to execute separate bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) each with two sureties, each for a like sum to the 2/5

satisfaction of the District Munsif cum Judicial Magistrate Court, Madhavaram, 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 everyday at 10.30 a.m., until further orders.

[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.

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15.03.2024 vkr To

1. The District Munsif cum Judicial Magistrate Court, Madhavaram.

2. The Central Prison, Puzhal, Chennai.

3.The Inspector of Police, M2, Madhavaram Milk Colony Police Station, Madhavaram, Chennai-51.

4.The Public Prosecutor, High Court of Madras.

C.V.KARTHIKEYAN.

J.

vkr 4/5

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