Charles v. The State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 25.03.2024

CORAM

THE HON'BLE MR. JUSTICE C.V.KARTHIKEYAN Crl.OP.No.7214 of 2024

1. Charles

2. Edwin @ Lotta

...Petitioners

Vs.

The State of Tamil Nadu Represented by the Inspector of Police, H-8, Thiruvottiyur Police Station, Thiruvallur

...Respondent

PRAYER: Criminal Original Petition filed under Section 439 of Cr.P.C. praying to enlarge the petitioners on bail in FIR in Crime No.154 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 14.02.2024 for the offences registered under Sections under Sections 341,294(b),323,392,397 and 506(ii) of I.P.C in Crime No.154 of 2024, on 1/4

the file of the respondent Police, seeks bail. 2.The case of the prosecution is that the petitioners along with other accused waylaid the defacto complainant at knife point and robbed a sum of Rs.600/- from him.

3. The learned Government Advocate for the respondent submitted that totally there are 3 accused and the petitioners herein are A2 and A3 and A1 is still in custody.

4.Taking into consideration the period of incarceration, I am inclined to grant bail to the petitioner subject to the following conditions: 5.Accordingly, the petitioners are ordered to be released on bail on condition to execute a 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, Thirutottiyur, and on further conditions that:

[a] the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the Magistrate may 2/4

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 10.00 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.

25.03.2024 smn 3/4

C.V.KARTHIKEYAN, J.

smn To

1. The Judicial Magistrate, Thirutottiyur.

2. The Inspector of Police, H-8, Thiruvottiyur Police Station, Thiruvallur

3. The Central Prison, Puzhal 4.The Public Prosecutor, Madras High Court.

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