Vanesh v. The State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 28.03.2024

CORAM

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

The State Rep by The Inspector of Police, Kottakuppam Police Station, Villuppuram District.

... Respondent PRAYER: Criminal Original Petition filed under Section 439 of Cr.P.C., prayed to enlarge the petitioner on bail in Crime No.134 of 2024 on the file of the respondent.

For Petitioner : Mr.K. Shankar For Respondent : Mr.L.Baskaran Government Advocate (Crl. Side)

ORDER

The petitioner, who was arrested and remanded to judicial custody on 13.02.2024 , for the offences registered under Sections 294(b), 392 and 307 of I.P.C in Crime No.134 of 2024 on the file of the respondent Police, seeks bail.

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2. The case of the prosecution is that the petitioner along with other accused waylaid the defacto complainant at knife point and robbed mobile phone from him.

3. The learned Government Advocate for the respondent submitted that there was 4 previous cases pending against the petitioner. He further stated that the injured was discharged from the hospital. 4.Taking into consideration the period of incarceration and the fact that the injured discharged from the hospital, I am 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, Vanur 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. 2/4

[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.

28.03.2024 smn To 1.The Judicial Magistrate, Vanur

2. The Inspector of Police, Kottakuppam Police Station, Villuppuram District.

3.The Cuddalore Central Prison.

4. The Public Prosecutor, High Court of Madras. 3/4

C.V.KARTHIKEYAN, J.

smn 28.03.2024 4/4