Sathyaraj @ Sathya v. The Inspetctor Of Police, Namakkal

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 26.03.2024

CORAM

THE HON'BLE MR. JUSTICE C.V.KARTHIKEYAN Sathyaraj @ Sathya ..Petitioner Vs.

State represented by The Inspector of Police, Velur Police Station, Namakkal District.

(Crime No.2 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.2 of 2024 on the file of the respondent police.

For Petitioner : Mr.B.Vetrivel For Respondent : Mr.L.Baskaran Govt. Advocate (Crl. Side)

ORDER

The petitioner, who was arrested and remanded to judicial custody on 09.01.2024 for the offences originally registered by the respondent 1/5

Police under Section 394 IPC and later, altered to Sections 394, 451 r/w 397 IPC in Crime No.2 of 2024 on the file of the respondent, seeks bail. 2.It is stated that the petitioner went to the house of the defacto complainant and asked for water and when the defacto complainant went inside the house for taking water, the petitioner followed her and snatched her earrings after cutting her ear. He also caused injuries below her eyes.

3.The earlier application seeking bail in Crl.O.P.No.5531 of 2024 had been dismissed by this Court on 06.03.2024. On that date, it had been noted that the defacto complainant had sustained grievous injuries. The defacto complainant had been admitted in the hospital on 05.01.2024 and later, discharged on 22.01.2024.

4.The learned Government Advocate (crl.side) stated that the stolen properties had been recovered. He also stated that the investigation has now been completed and final report had also been filed. 5.Taking that factor into consideration and the period of incarceration, this Court is inclined to grant bail to the petitioner subject to the following conditions:

2/5

6.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 District Munsif cum Judicial Magistrate, Paramathi 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 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].

3/5

[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.

26.03.2024 vkr To 1.The District Munsif cum Judicial Magistrate, Paramathi.

2. The Central Prison, Salem.

3.The Inspector of Police, Velur Police Station, Namakkal District.

4.The Public Prosecutor, High Court of Madras. 4/5

C.V.KARTHIKEYAN.

J.

vkr 26.03.2024 5/5