Surya @ Prasanth v. Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 22.03.2024

CORAM

THE HON'BLE MR. JUSTICE C.V.KARTHIKEYAN Surya @ Prasanth

...Petitioner/A2

Vs.

State represented by The Inspector of Police, K-7, I.C.F. Police Station, Chennai.

...Respondent/Complainant

PRAYER:

Criminal Original Petition is filed under Section 439 of Cr.P.C. praying to enlarge the petitioner on bail in C.C.No.4720 of 2019 on the file of the V Metropolitan Magistrate, Chennai in Crime No.837 of 2017 on the file of the respondent police.

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

ORDER

The petitioner/A2 in C.C.No.4720 of 2019, now pending before the V Metropolitan Magistrate, Egmore, Chennai, seeks bail. Originally Crime No.837 of 2017 had been registered for the offences under Sections 379 r/w 34 of IPC.

2.It is stated that the petitioner had been remanded to judicial custody on 19.02.2024 consequent to a Non-bailable Warrant being issued on 25.07.2023.

3.Taking all the factors into consideration, I am inclined to grant bail to the petitioner subject to the following conditions: 4.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 fresh sureties, each for a like sum to the satisfaction of the learned V Metropolitan Magistrate, Egmore, 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 V Metropolitan 2/4

Magistrate, Egmore, Chennai, on every Monday at 10.30 a.m., till completion of trial, apart from the Court hearing dates. [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.

22.03.2024 ata C.V.KARTHIKEYAN.

J.

3/4

ata To

1. The V Metropolitan Magistrate, Egmore, Chennai.

2. The Central Prison, Puzhal, Chennai.

3.The Inspector of Police, K-7, I.C.F. Police Station, Chennai.

4.The Public Prosecutor, High Court of Madras.

22.03.2024 4/4