Suresh v. The State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 06.05.2021 CORAM :

THE HON'BLE Mr.JUSTICE G.R.SWAMINATHAN Crl.O.P.No.8885 of 2021 Suresh ... Petitioner Vs.

The Inspector of Police, Thandrampattu Police Station, Thiruvannamalai District.

(Crime No.63 of 2021) ... Respondent PRAYER: Criminal Original Petition is filed under Section 439 of Criminal Procedure Code to enlarge the petitioners on bail in Crime No.63 of 2021 pending on the file of the respondent. For Petitioner : Mr.Silambu Selvan For Respondent : Mr.Charles Premkumar Government Advocate (Crl. Side)

O R D E R

(The case has been heard through video conference) Heard the learned counsel for the petitioner and the learned Government Advocate (Crl. Side) appearing for the respondent.

2. The petitioner is in custody since 19.04.2021 for the offences under Sections 294(b), 307 IPC in Crime No.63 of 2021. The petitioner is not having any previous case. Since the injured has been discharged from Hospital, bail is granted to the petitioner subject to the following conditions.

(a) 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, Thandrampattu, and on further conditions that:

(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 not commit any offences of similar nature;

(d) the petitioner shall not abscond either during investigation or trial;

(e) the petitioner shall not tamper with evidence or witness either during investigation or trial;

(f) 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];

(g) if the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.

3. With the above directions, this Criminal Original Petition is ordered.

-sd/- 06/05/2021 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, THANDRAMPATTU 2 THE CHIEF JUDICIAL MAGISTRATE TIRUVANNAMALAI(FOR INFORMATION) 3 THE INSPECTOR OF POLICE, THANDRAMPATTU POLICE STATION, THIRUVANNAMALAI DISTRICT 4 THE PUBLIC PROSECUTOR, HIGH COURT, MADRAS.

5 THE SUPERINTENDENT, CENTRAL PRISON, VELLORE CC to M/S.S.SILAMBU SELVAN Advocate on payment of necessary charges Sr.5957 CRL OP.8885/2021 Date :06/05/2021 RVR 07/05/2021