Janarthanan v. Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 21.03.2024

CORAM

THE HON'BLE MR. JUSTICE C.V.KARTHIKEYAN Janarthanan ... Petitioner / A1 Vs.

The State represented by The Inspector of Police, K-7, ICF Police Station, Kolathur, Chennai.

... Respondent /Complainant PRAYER: Criminal Original Petition filed under Section 439 of Cr.P.C., prayed to enlarge the petitioner on bail in C.C.No.6394 of 2019 on the file of the V Metropolitan Magistrate Court, Egmore.

For Petitioner : Mr. V. Vinothkumar For Respondent : Mr. L. Baskaran Government Advocate (Crl. Side) 1/4

ORDER

The petitioner / A1, in C.C.No.639 of 2019 now pending before the learned V Metropolitan Magistrate, Egmore, who had been arrested and remanded to judicial custody on 23.02.2024 on execution of NBW issued on 28.11.2023, seeks bail.

2.Originally, FIR in Crime No.318 of 2018 had been registered by the respondent police for the offences punishable under Sections 143, 448 of IPC and Section 25(1A) of Arms Act and Sections 8(c) and 20(b)(ii)(A) of NDPS.

3.It is stated that there are totally six accused and all the other accused are appearing before Court.

4.Taking all the factors into consideration, 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 executing 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 :- 2/4

[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 appear before the learned V Metropolitan Magistrate, Egmore, on every Monday at 10.30 a.m., apart from the Court hearing dates, till completion of the trial.

[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.

21.03.2024 smv 3/4

C.V.KARTHIKEYAN, J.

smv To 1.The V Metropolitan Magistrate, Egmore.

2.The Inspector of Police, K-7, ICF Police Station, Kolathur, Chennai.

3. The Central Prison, Puzhal, Chennai.

4. The Public Prosecutor, High Court of Madras.

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