Nishan v. State Rep By

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.12621 of 2022 1 NISHAN [ PETITIONERS / ACCUSED ] 2 NAVEEN Vs STATE REP BY [ RESPONDENT ] THE INSPECTOR OF POLICE, E-5 FORESHORE ESTATE POLICE STATION, CHENNAI (CRIME NO.67 OF 2022) For Petitioners : M/S S.PALANIVEL Advocate For Respondent : MR.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 07.04.2022 for the alleged offence under Sections 294(b), 441, 307, 506(ii) of IPC in Crime No.67 of 2022 on the file of the respondent police, seek bail.

2. Considering the fact that the petitioners are alleged to have threatened the defacto complainant by brandishing knife and the fact that the victim did not suffer any injury, but, however, the petitioners have threatened the defacto complainant, who is an advocate, I am inclined to enlarge the petitioner on bail, but, however, on condition that the petitioner shall stay at Trichy and report before the Trichy Town Police Station for a period of two weeks.

3. 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 XXIII Metropolitan Magistrate, Saidapet, 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 stay at Trichy and report before the Trichy Town Police Station daily at 10.30 am., for a period of two weeks and thereafter report before the respondent police daily at 10.30 am., 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 METROPOLITAN MAGISTRATE, NO.XXIII, SAIDAPET

2 THE CHIEF METROPOLITAN MAGISTRATE, EGMORE, CHENNAI [FOR INFORMATION] 3 THE INSPECTOR OF POLICE, E-5 FORESHORE ESTATE POLICE STATION, CHENNAI 4 THE SUPERINTENDENT, CENTRAL PRISON, PUZHAL, CHENNAI 5 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

6 THE OFFICER INCHARGE TRICHY TOWN POLICE STATION, TRICHY +1 CC to M/S S.PALANIVEL Advocate on payment of necessary charges SR.NO.7889 CRL OP.12621/2022 Date :26/05/2022 JPA 26/05/2022