Jeeva v. The State Rep. By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 22.04.2024

CORAM

THE HON'BLE MR. JUSTICE C.V.KARTHIKEYAN Jeeva

...Petitioner/A2

Vs.

State represented by The Inspector of Police, D-3, Ice House Police Station, Chennai District.

(Crime No.37 of 2024) ...Respondent/Complainant PRAYER:

Criminal Original Petition is filed under Section 439 of Cr.P.C. praying to enlarge the petitioner on bail in Crime No.37 of 2024 on the file of the respondent police.

For Petitioner : Mr.B.Gowtham For Respondent : Mr.V.J.Priyadarsana Govt. Advocate (Crl. Side) 1/4

ORDER

The petitioner / A2, who was arrested and remanded to judicial custody on 07.02.2024 for the offence punishable under Sections 294(b) and 307 of IPC in Crime No.37 of 2024 on the file of the respondent police, seeks bail.

2.It is stated that the accused had attacked and threatened the defacto complainant, who had been treated as out patient. However, it is also stated by the respondent that the petitioner is a History Sheeter. 3.The earlier petition seeking bail was dismissed on 11.03.2024 in Crl.O.P.No.5957 of 2024. It is contended that there are nine previous cases against the petitioner herein.

4.But however, taking into consideration the period of incarceration suffered by the petitioner and all other factors, I am inclined to grant bail to the petitioner subject to the following conditions: 2/4

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 II Metropolitan Magistrate, Egmore, 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 daily at 10.30 a.m., and 05.30 p.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].

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C.V.KARTHIKEYAN.

J.

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

22.04.2024 smv To

1. The II Metropolitan Magistrate, Egmore.

2. The Central Prison, Puzhal.

3. The Inspector of Police, D-3, Ice House Police Station, Chennai District.

4. The Public Prosecutor, High Court of Madras.

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