Madhan @ Madhan Kumar v. The State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 26.03.2024

CORAM

THE HON'BLE MR. JUSTICE C.V.KARTHIKEYAN Madhan @ Madhan Kumar ..Petitioner Vs.

State represented by The Inspector of Police, Vikkaravandi Police Station, Villupuram District.

(Crime No.1110 of 2023). ...Respondent PRAYER: Criminal Original Petition is filed under Section 439 of Cr.P.C. praying to enlarge the petitioner on bail in Crime No.1110 of 2023 on the file of the respondent police.

For Petitioner : Mr.S.Senthilkumar For Respondent : Mr.L.Baskaran Govt. Advocate (Crl. Side)

ORDER

The petitioner, who was arrested and remanded to judicial custody on 21.11.2023 for the offences registered by the respondent Police under Sections 294(b), 341, 392, 397 and 506(ii) of IPC in Crime No.1110 of 1/4

2023 on the file of the respondent, seeks bail. 2.The case of the prosecution is that the accused had waylaid the defacto complainant and her uncle who had travelling in a motorcycle and grabbed her gold chain worth about Rs.1,20,000/-. 3.The learned Government Advocate (crl.side) stated that the chain had been recovered and there are 3 previous cases pending against the petitioner. He also stated that the investigation has been completed and final report had also been filed.

4.Taking all other 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 District Munsif cum Judicial Magistrate, Vikkaravandi 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.

2/4

[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.

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

2. The Central Jail, Cuddalore.

C.V.KARTHIKEYAN.

J.

vkr 3/4

3.The Inspector of Police, Vikkaravandi Police Station, Villupuram District.

4.The Public Prosecutor, High Court of Madras. 26.03.2024 4/4