Sekar @ Nai Sekar v. The State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 22.03.2024

CORAM

THE HON'BLE MR. JUSTICE C.V.KARTHIKEYAN Sekar @ Nai Sekar

...Petitioner/Accused

Vs.

State represented by The Inspector of Police, Mettupalayam Police Station, Coimbatore.

(Crime No.125 of 2024)

...Respondent

PRAYER:

Criminal Original Petition is filed under Section 439 of Cr.P.C. praying to enlarge the petitioner on bail concerned in Crime No.125 of 2024 on the file of the respondent police on such terms and conditions. For Petitioner : Mr.R.Prabudoss For Respondent : Mr.L.Baskaran Government Advocate (Crl. Side) 1/4

ORDER

The petitioner seeks bail in Crime No.125 of 2024, registered by the respondent police originally for the offences under Sections 392 of IPC r/w 397 of IPC but in the petition, it had been stated as Section 397 of IPC. The petitioner had been remanded to judicial custody on 22.02.2024.

2.The learned counsel for the petitioner filed a memo to correct the mistake. The memo is recorded and the Registry, while issuing order copy, may note that the offences are under Section 392 r/w 397 of IPC. 3.It is stated that the petitioner had robbed a sum of Rs.1,000/- at knife point from the defacto complainant.

4.The main objection raised is about the previous cases against the petitioner herein which are 24 in number. However, taking into consideration the facts of this particular case independently, 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 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 Judicial Magistrate Court, Mettupalayam, and on further conditions 2/4

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 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.

22.03.2024 ata C.V.KARTHIKEYAN.

J.

ata 3/4

To

1. The Judicial Magistrate Court, Mettupalayam.

2. The Central Prison, Coimbatore.

3.The Inspector of Police, Mettupalayam Police Station, Coimbatore.

4.The Public Prosecutor, High Court of Madras.

22.03.2024 4/4