Prakashraj v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 08.05.2024

CORAM

THE HON'BLE MR. JUSTICE K. KUMARESH BABU Prakashraj ...petitioner Vs.

State represented by The Inspector of Police, Mathigiri Police Station, Krishnagiri District, (Crime No.163 of 2024)

...Respondent

PRAYER: Criminal Original Petition is filed under Section 439 of Cr.P.C. praying to enlarge the petitioner on bail in Crime No.163 of 2024 on the file of the respondent Police.

For petitioner : Mr. V. Ramana Reddy For Respondent : Mr.S.Santhosh Government Advocate (Crl. Side)

ORDER

The petitioner who was arrested and remanded to judicial custody on 13.04.2024 for the offences registered by the respondent Police under 1/5

Sections 147,148,294(b),323 and 307 of I.P.C in Crime No.163 of 2024, seeks bail.

2.The case of the prosecution is that the petitioner and the victim are colleagues and there was some misunderstanding between them, due to which the petitioner and other accused attacked the victim and caused injuries to him. Hence, the complaint.

3.The learned Government Advocate (crl.side) stated that there is no previous case against the petitioner. He further stated that the injured discharged from the hospital.

4.Taking into consideration the period of incarceration and the fact that the injured discharged from the hospital, I am inclined to grant bail to the petitioner subject to the following conditions:

5. 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) each with two sureties, each for a like sum to the satisfaction of the learned Judicial Magistrate No.2, Hosur and on further conditions that :- 2/5

[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, everyday at 10.30 a.m., and 5:30 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]. [f] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.

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To

1. The Judicial Magistrate No.2, Hosur

2. The Central Prison, Dharmapuri.

3. The Inspector of Police, Mathigiri Police Station, Krishnagiri District, 4.The Public Prosecutor, High Court of Madras. 4/5

K. KUMARESH BABU.

J.

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