Kathiravan v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 21.03.2024

CORAM

THE HON'BLE MR. JUSTICE C.V.KARTHIKEYAN Kathiravan ..Petitioner Vs.

State represented by The Inspector of Police, Attaiyampatty Police Station, Salem.

(Crime No.21 of 2024). ...Respondent PRAYER: Criminal Original Petition is filed under Section 439 of Cr.P.C. praying to enlarge the petitioner on bail in Crime No.21 of 2024 pending on the file of the respondent Police. For Petitioner : Mr.L.Ramanathan For Respondent : Mr.L.Baskaran Govt. Advocate (Crl. Side)

ORDER

The petitioner, who was arrested and remanded to judicial custody on 15.02.2024 for the offences registered by the respondent Police under 1/4

Sections 448, 392, 397 and 506(ii) IPC in Crime No.21 of 2024, seeks bail.

2.The petitioner is arrayed as A2. It is stated that A1 is the friend of the son of the defacto complainant and when the son of the defacto complainant was not in his house, the accused had gone there and had threatened the defacto complainant and snatched a gold chain and escaped from the place.

3.The learned Government Advocate (Crl.side) stated that the property had been recovered.

4.Taking all the factors into consideration and the period of incarceration, this Court is 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 learned Judicial Magistrate No.IV, Salem 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 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.

21.03.2024 vkr C.V.KARTHIKEYAN.

J.

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vkr To 1.The Judicial Magistrate No.IV, Salem.

2. The Central Prison, Salem.

3.The Inspector of Police, Attaiyampatty Police Station, Salem.

4.The Public Prosecutor, High Court of Madras. 21.03.2024 4/4