Pradeep v. The State Represented By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 05.04.2024

CORAM

THE HON'BLE MRS.JUSTICE T.V.THAMILSELVI Crl.O.P.No.8497 of 2024 Pradeep ... Petitioner Vs.

The Inspector of Police, Vellore Taluk Police Station, Vellore District.

(crime No. 124 of 2024 ... Respondent PRAYER: Criminal Original Petition filed under Section 439 of Cr.P.C., to enlarge the petitioner on bail in crime No.124 of 2024 on the file of respondent police For Petitioner : Mr.Thangavel MR For Respondent : Mr.Leonard Arul Joseph Selvam Government Advocate (Crl. side) 1/5

O R D E R

The petitioners, who were arrested and remanded to judicial custody on 12.03.2024 for the alleged offences punishable under Sections 294(b), 323, 324, 506(ii) IPc and later altered into Section 294(b), 323, 307, 506(ii) IPC in crime No. 124 of 2024 on the file of the respondent, seeks bail.

2. The case of the prosecution is that the petitioner along with other accused persons attacked the defacto complainant and abused in filthy language. Hence, the case.

3. The learned counsel for the petitioners submit that the petitioner has been falsely implicated in this case. On the other side, the learned Government Advocate (Crl. side) submits that there is no previous case pending against the petitioners.

4. Considering the period of incarceration undergone by the petitioner and also injured has been discharged from the hospital. Hence, this Court is inclined to grant bail to the petitioner. 2/5

5. Accordingly, the petitioner is ordered to be released on bail on their executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties ( one must be a blood surety), each for a like sum to the satisfaction of the learned Judicial Magistrate - I, Vellore, 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 as and when required for interrogation.

[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 3/5

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 abscond, a fresh FIR can be registered under Section 229A IPC.

05.04.2024 pbl 4/5

T.V.THAMILSELVI,J.

pbl To

1. The Judicial Magistrate - I, Vellore.

2. The Inspector of Police, Vellore Taluk Police Station, Vellore District.

3. The Central Prison, Thorapadi

4. The Public Prosecutor, High Court of Madras.

Crl.O.P.No.8497 of 2024 05.04.2024 5/5