M.Rajesh v. State Rep.By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 19.03.2024

CORAM

THE HON'BLE MR. JUSTICE C.V.KARTHIKEYAN Crl.O.P.No.6651 of 2024 M.Rajesh ... Petitioner Vs.

The State rep. by:- The Inspector of Police, K-1 Sembium Police Station, Perambur, Chennai.

(Crime No.2810 of 2014) ... Respondent PRAYER: Criminal Original Petition filed under Section 439 of Cr.P.C., pleased to enlarge the petitioner / Accused on bail pending trial in P.R.C.No.73 of 2017 in connection with Crime No.2810 of 2014 on the file of the respondent Police.

For Petitioner : M/s.R.Saritha For Respondent : Mr.L.Baskaran Government Advocate (Crl.Side)

ORDER

The petitioner/A5 seeks bail in P.R.C.No.73 of 2017 now pending before the learned V Metropolitan Magistrate, Egmore. 1/4

2.Originally, Crime No.2810 of 2014 had been registered by the respondent Police for the offence under Sections 341, 326, 307, 506(ii), 120B r/w 149 IPC.

3.It is stated that Non Bailable Warrant was issued against the petitioner on 20.11.2023. He had surrendered before the Court on 13.02.2024 and he had been remanded into custody.

4.Taking into consideration the period of incarceration and also of the fact that the petitioner had surrendered before the Court, this Court is inclined to grant bail to the petitioner with certain conditions.

5. 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 V Metropolitan Magistrate, Egmore 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 V Metropolitan Magistrate, Egmore every Monday, apart from the Court hearing dates, till the date of committal. [c] the petitioner shall not abscond either during 2/4

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.

19.03.2024 vkr To

1. The V Metropolitan Magistrate, Egmore.

2. The Inspector of Police, K-1 Sembium Police Station, Perambur, Chennai.

3. The Central Prison, Puzhal.

4. The Public Prosecutor, High Court of Madras. C.V.KARTHIKEYAN, J.

vkr 3/4

Crl.O.P.No.6651 of 2024 19.03.2024 4/4