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Madras High CourtCRL OP/7204/2024granted

Sridhar @ Kaadhu Sridhar v. State Rep By

2024-03-27Honourable Mr Justice C.V. Karthikeyan5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 27.03.2024

CORAM

THE HON'BLE MR. JUSTICE C.V.KARTHIKEYAN Sridhar @ Kaadhu Sridhar

...Petitioner

Vs.

State represented by The Inspector of Police, K-8 Arumbakkam Police Station, Chennai.

Crime No. 25 of 2019

...Respondent

PRAYER: Criminal Original Petition is filed under Section 439 of Cr.P.C. praying to enlarge the petitioner on bail in S.C.No.345 of 2023 in Crime No.25 of 2019 on the file of the XXI Additional Sessions Judge at Chennai.

For Petitioner : Mr.C. Vadivel For Respondent : Mr.L.Baskaran Government Advocate (crl.side) 1/5

ORDER

The Petitioner/A5 seeks bail in now pending trial in S.C.No.345 of 2023 before the XXI Additional Sessions Judge at Chennai. 2.Originally, Crime No. 25 of 2019 had been registered by the respondent Police for the offences under Section 341,302,506(ii) of I.P.C altered to Sections 341,302,506(2), 147, 148,120B,324, 149 of I.P.C. 3.The petitioner had been remanded to judicial custody on 23.01.2024 on execution of Non Bailable Warrant on 03.10.2023.It is stated that already bail has been granted to the petitioner and as he was absconding from judicial process he was arrested on 23.01.2024. 4.The learned counsel for the petitioner stated that the petitioner's wife was affected by Chickenpox virus he has to take care of her child, due to which he was not able to attend the Court on 03.10.2023. 5.

It is stated by the learned Government Advocate (crl.side) that the other accused are regularly appearing before the Court. 6.

7.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) each with two sureties, each for a like sum to the satisfaction of the learned XXI ADDL Sessions Judge at Chennai, 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 learned XXI ADDL Sessions Judge at Chennai 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 3/5

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.

27.03.2024 smn To

1. The XXI ADDL Sessions Judge at Chennai

2. The Central Prison, Puzhal Chennai.

3. The Inspector of Police, K-8 Arumbakkam Police Station, Chennai.

4.The Public Prosecutor, High Court of Madras. C.V.KARTHIKEYAN.

J.

4/5

smn 27.03.2024 5/5