Rajiv Gandhi @ Vijayakanth v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 26.04.2022

CORAM:

THE HON'BLE Dr. JUSTICE G.JAYACHANDRAN Crl.O.P.No.9438 of 2022 Rajiv Gandhi @ Vijayakanth .. Petitioner Vs.

State rep. by The Inspector of Police, Brammadesam Police Station, Thiruvannamalai District.

(Crime No.95 of 2022) .. Respondent PRAYER: Criminal Original Petition has been filed under Section 439 of Cr.P.C praying to enlarge the petitioner on bail pending investigation in Crime No.95 of 2022 on the file of the Respondent police.

For Petitioner : M/s.P.Sundara Rajan For Respondent : Mrs.G.V.Kasthuri Additional Public Prosecutor ********

ORDER

The petitioner, was arrested and remanded to judicial custody on 12.04.2022on the file of the respondent police in Crime No.95 of 2022, for the alleged offences punishable under Sections 294(b), 323, 324, 506(II), 376, 511 of IPC read with Section 4 of W.H. Act. 2.

The petitioner herein has moved anticipatory bail in Crl.O.P. No.8567 of 2022 along with other accused Kumar. This Court after going through the FIR it was found that the ingredients of Section 376 has not made out and granted anticipatory bail. However, the said anticipatory bail order was passed on 13.04.2022, but this petitioner was arrested and remanded to judicial custody.

3.

In the light of the above fact, the petitioner has come before this Court seeking bail. Considering the said fact, this Court is inclined to grant bail to the petitioner.

4. Accordingly, the petitioner is ordered to be released on bail subject to the following conditions;

(a) the petitioner shall execute a bond for a sum of Rs.50,000/- (Rupees Fifty Thousand only) with two sureties, each for a like sum to the satisfaction of the learned Judicial Magistrate, Cheyyar;

(b) the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the learned Magistrate may obtain a copy of their Aadhar Card or Bank Pass Book to ensure their identity;

(c) the petitioner shall report before the Investigating Officer daily at 10.30 a.m. until further orders;

(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 Judicial 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.

-sd/- 26/04/2022 This order, on being produced, be punctually observed and carried into execution by all concerned TRUE COPY Sub-Assistant Registrar (Statistics/C.S.) High Court, Madras - 600 104.

TO 1 THE JUDICIAL MAGISTRATE, CHEYYAR.

2 THE CHIEF JUDICIAL MAGISTRATE TIRUVANNAMALAI [FOR INFORMATION] 3 THE INSPECTOR OF POLICE, BRAMMADESAM POLICE STATION, TIRUVANNAMALAI DISTRICT 4 THE OFFICER INCHARGE SUB JAIL, VANDAVASI.

5 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

+1 CC to M/S P.SUNDARA RAJAN Advocate on payment of necessary charges SR.NO.6230 CRL OP.9438/2022 Date :26/04/2022 JPA 27/04/2022