Ravi Sastri v. Iop, Kannamangalam P.S.. Tiruvannamalai

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Wednesday, the Eighth day of May Two Thousand Nineteen PRESENT The Hon`ble Mr Justice N. ANAND VENKATESH CRIMINAL ORIGINAL PETITION No.12235 of 2019 RAVI SASTRI [ PETITIONER / ACCUSED ] Vs THE INSPECTOR OF POLICE, [ RESPONDENT ] KANNAMANGALAM POLICE STATION, TIRUVANNAMALAI DISTRICT.

CRIME NO.175/2019 For Petitioner : S.L.VENKATESAN Advocate For Respondent : MRS.M.PRABHAVATHI ADDL.PUBLIC PROSECUTOR PETITION FOR BAIL 439 Cr.P.C.

ORDER : The Court Made the following order :- The petitioner who was arrested and remanded to judicial custody on 02.04.2019 for the offence under Sections 366, 366 (A) of IPC in Crime No.175 of 2019 on the file of the respondent police, seeks bail. 2.The case of the prosecution is that the daughter of the defacto complainant was kidnapped by A1 and the other accused persons had given shelter to them. There are totally four accused persons in this case. The petitioner has been arrayed as A3. 3.The learned counsel for the petitioner submitted that this petitioner has been made as an accused only on the ground that he is the friend of A1. The learned counsel further submitted that the petitioner was arrested and remanded to Judicial custody on 27.04.2019 and he has already suffered incarceration for more than 12 days. 4.The learned Additional Public Prosecutor submitted that the A1 and A2 are still absconding and the victim is yet to be secured and HCP is already pending before this Court.

5.Taking into consideration the facts and circumstances of the case and also of the fact that the petitioner has been made as an accused only based on the allegation that he is the friend of A1 and had given shelter to A1 and the petitioner having suffered incarceration for more than 12 days, this Court is inclined to grant

bail to the petitioner subject to the following condition.

6. Accordingly, the petitioner is ordered to be released on bail on his executing a bond for a sum of Rs.5,000/- (Rupees Five Thousand only) with two sureties, each for a like sum to the satisfaction of the learned Judicial Magistrate Court, Arni 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 every Monday at 10.30 a.m. for a period of four weeks and thereafter as and when required.

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

-sd/- 08/05/2019 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, CCOURT, ARNI 2 THE CHIEF JUDICIAL MAGISTRATE TIRUVANNAMALAI[FOR INFORMATION] 3 THE SUPERINTENDENT, CENTRAL PRISON,VELLORE

4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

5 THE INSPECTOR OF POLICE, KANNAMANGALAM POLICE STATION, TIRUVANNAMALAI DISTRICT.

+1 CC to S.L.VENKATESAN Advocate on payment of necessary charges SR.NO. 9537 CRL OP.12235/2019 Date :08/05/2019 RD 09/05/2019