Arjun @ Jebaraj v. State Rep.By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 29.05.2024
CORAM
THE HON'BLE MR. JUSTICE S. SOUNTHAR Arjun @ Jebaraj
...Petitioner
Vs.
State represented by The Inspector of Police, Sipcot Police Station Thiruvallur District.
(Crime No.408 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.408 of 2024 on the file of the Inspector of Police, Sipcot Police Station, Thiruvallur District.
For Petitioner : Mr.A.Arun Kumar For Respondent : Mr.Leonard Arul Joseph Selvam Government Advocate (Crl. Side) 1/5
ORDER
The petitioner who was arrested and remanded to judicial custody on 28.04.2024 for the offences registered by the respondent Police under Sections 294(b), 353, 307 and 506(ii) of IPC in Crime No. 408 of 2024, seek bail.
2.The case of the prosecution is that while the respondent Police was in routine check-up at Gummidipoondi Railway station road, the petitioner tried to escape from the place, but the respondent police intercepted the petitioner. Thereafter, the petitioner alleged to be taken big knife and scolded the respondent police in filthy language and threatened them in dire consequence. Hence, the respondent Police registered a case against the petitioner.
3.The learned counsel for the petitioner stated that the petitioner is an innocent person and he has been falsely implicated in this case. He also stated that the petitioner is ready to abide by any stringent condition that may be imposed by this Court and he is in judicial custody from 28.04.2024 . Hence, he prays for grant of bail. 4.The learned Government Advocate (crl.side) stated that no injury 2/5
has been caused by the petitioner.
5.Taking all the factors into consideration and the period of incarceration and also the fact that no injury has been caused by the petitioner, this Court is inclined to grant bail to the petitioner subject to the following conditions.
6. 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 District Munsif Cum Judicial Magistrate, Gummidipoondi 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, everyday at 10.30 a.m., until further orders. [c] the petitioner shall not abscond either during investigation or trial.
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[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.
29.05.2024 msv To
1. District Munsif Cum Judicial Magistrate, Gummidipoondi
2. The Central Prison, Puzhal
3. The Inspector of Police, Sipcot Police Station Thiruvallur District.
4.The Public Prosecutor, High Court of Madras. S. SOUNTHAR, J.
msv 4/5
29.05.2024 5/5