Siva v. The State Rep By Its,

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.12562 of 2022 1 SIVA [ PETITIONERS / ACCUSED ] 2 VINCENTRAJ 3 AJITH @ MADU AJITH 4 SARAVANAN Vs THE STATE REP BY ITS, [ RESPONDENT ] THE INSPECTOR OF POLICE, AMBATTUR POLICE STATION, CHENNAI CR.NO.336 OF 2022.

For Petitioner : M/S.RAMSEKAR Advocate For Respondent : M/S. A.DAMODARAN, ADDITIONAL PUBLIC PROSECUTOR PETITION FOR BAIL 439 Cr.P.C.

ORDER : The Court Made the following order :- The petitioners, who were arrested and remanded to judicial custody on 29.04.2022 for the alleged offence under Sections 147, 148, 341, 294(b), 323, 324, 395, 397, 506(ii) of IPC in Crime No.336 of 2022 on the file of the respondent police, seek bail.

2. In this case, the occurrence is alleged to have happened on 29.04.2022, whereby, on account of the previous enmity, the petitioners are said to have waylaid the defacto complainant and attacked him with hands and knife.

3. The learned Additional Public Prosecutor would submit that the defacto complainant suffered injuries and was treated as OutPatient. He would further submit that the first petitioner alone has got 4 previous cases and other petitioners did not have bad antecedents.

4. Considering the fact that the petitioners are arrested on 29.04.2022 and also considering the nature of occurrence, I am inclined to grant bail to the petitioners.

5. Accordingly, the petitioners are ordered to be released on bail on their executing separate bond for a sum of Rs. 10,000 /- (Rupees Ten Thousand only) each with two sureties, each for a like sum to the satisfaction of the learned Judicial Magistrate Ambattur, Chennai, on the following further 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 petitioners shall report before the respondent police twice every day at 10.30 a.m., and 4.30 p.m., until further orders. [c] the petitioners shall not tamper with evidence or witness either during investigation or trial.

[d] the petitioners 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 petitioners in accordance with law as if the conditions have been imposed and the petitioners 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, AMBATTUR, CHENNAI 2 THE CHIEF JUDICIAL MAGISTRATE THIRUVALLUR(FOR INFORMATION)

3 THE INSPECTOR OF POLICE, AMBATTUR POLICE STATION, CHENNAI 4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

5 THE SUPERINTENDENT, CENTRAL PRISON, PUZHAL, CHENNAI CC to M/S.RAMSEKAR Advocate on payment of necessary charges SR.NO.7878 CRL OP.12562/2022 Date :26/05/2022 RVR 26/05/2022