Srinivasan v. The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 28.03.2024

CORAM

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

The State Rep by Inspector of Police, Gudiyatham Taluk Police Station, Vellore District ( Crime No.149 of 2024) ... Respondent PRAYER: Criminal Original Petition filed under Section 439 of Cr.P.C., prayed to enlarge the petitioner on bail in Crime No.149 of 2024 on the file of the respondent.

For Petitioner : Mr.M Ezhumalai For Respondent : Mr.L.Baskaran Government Advocate (Crl. Side)

ORDER

The petitioner, who was arrested and remanded to judicial custody on 28.02.2024 , for the offences registered under Sections 379 of I.P.C in Crime No.149 of 2024 on the file of the respondent Police, seeks bail. 1/4

2. The case of the prosecution is that the two wheeler bearing Registration no.TN-23-CV-334 belonging to the defacto complainant was stolen. Hence the complainant.

3. The learned Government Advocate for the respondent submitted that there was one previous cases pending against the petitioner. He further stated that the stolen property was recovered. 4.Taking into consideration the period of incarceration and the fact that the stolen property was recovered, 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 Court, Gudiyatham 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 2/4

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].

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

28.03.2024 smn 3/4

C.V.KARTHIKEYAN, J.

smn To 1.The Judicial Magistrate Court, Gudiyatham 2.Inspector of Police, Gudiyatham Taluk Police Station, Vellore District ( Crime No.149 of 2024) 3.The Central Prison, Vellore

4. The Public Prosecutor, High Court of Madras. 28.03.2024 4/4