Hari @ Harikrishnan v. Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Thursday, the Twenty Sixth day of May Two Thousand Twenty Two PRESENT The Hon`ble Mr Justice D.BHARATHA CHAKRAVARTHY CRIMINAL ORIGINAL PETITION No.12565 of 2022 HARI @ HARIKRISHNAN [ PETITIONER / ACCUSED ] Vs STATE REP BY [ RESPONDENT ] THE INSPECTOR OF POLICE MANALI PUDHU NAGAR POLICE STATION, CHENNAI.

(CR.NO. 143 OF 2022) For Petitioner : M/S.A.VENKATESAN Advocate For Respondent : MR.A.DAMODARAN, Additional Public Prosecutor PETITION FOR BAIL 439 Cr.P.C.

ORDER : The Court Made the following order :- The petitioner herein, who was arrested and remanded to judicial custody on 13.05.2022 for the alleged offences under Sections 364 A, and 506 (i) of IPC, in Crime No.143 of 2022 on the file of the respondent police, seeks bail.

2.The nature of the allegation in this case is that the de-facto complainant's son after receiving the payments from the respective company for the supply of ready-mix, however, did not in turn make the payment to the suppliers and there was due amount and in order to extract the dues, the de-facto complainant's son was forcibly abducted.

3.Considering the nature of allegations and that the petitioner is in custody from 12.05.2022 and also considering the fact that the co-accused have already been granted bail by an order dated 25.05.2022 in Crl.O.P.No.12421 of 2022, I am inclined to enlarge the petitioner on bail subject to imposing certain conditions.

4.Accordingly, the petitioner is ordered to be released on bail on executing 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 II, Ponneri, on the following conditions:- [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 am daily for a period of two weeks and thereafter as and when required for interrogation [c] the petitioner shall not tamper with evidence or witness either during investigation or trial.

[d] the petitioner shall not abscond 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.

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

-sd/- 26/05/2022 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-II, PONNERI.

2 THE CHIEF JUDICIAL MAGISTRATE TIRUVALLUR [FOR INFORMATION]

3 THE INSPECTOR OF POLICE MANALI PUDHU NAGAR POLICE STATION, CHENNAI.

4 THE SUPERINTENDENT, CENTRAL PRISON,PUZHAL.

5 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

+1CC to M/S.A.VENKATESAN Advocate on payment of necessary charges SR.No.7924 CRL OP.12565/2022 Date :26/05/2022 CSK 26/05/2022