Madhan Kumar(Madhan) v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 25.05.2023

CORAM

THE HON'BLE MR. JUSTICE SATHI KUMAR SUKUMARA KURUP Madhan Kumar [Madhan] ... Petitioner Vs.

State rep by The Inspector of Police M-7, Manali New Town Police Station Chennai Crime No.125 of 2023 ... Respondent PRAYER: Criminal Original Petition filed under Section 439 of Cr.P.C., pleased to enlarge the Petitioner on bail pending investigation in Crime No.125 of 2023 on the file of the respondent police. For Petitioner : Mr.P.Rajesh For Respondent : Mr.L.Baskaran Government Advocate (Crl. Side) 1/6

O R D E R

The Petitioner, who was arrested and remanded to judicial custody on 01.05.2023 for the offences punishable under Sections 294(b), 353, 307 and 506(ii) of IPC in Crime No.125 of 2023 on the file of the Respondent Police, seeks bail.

2. The case of the prosecution is that on 01.05.2023 at about 1.00 p.m., based on the discreet information that the petitioner is threatening the public demanding rowdy mamool, when the respondent police went to Napalayam over bridge, the petitioner who is a History Sheeter, threatened the respondent police with knife and also tried to assault them with knife, which they narrowly escaped and then threatened them with dire consequences. Hence, the case.

3. The learned Counsel appearing for the Petitioner would submit that the Petitioner is an innocent person and he has been falsely implicated in this case. He would further submit that the Petitioner has been suffering incarceration from 01.05.2023. Therefore, he prays for grant of bail to the Petitioner.

4. The learned Government Advocate (Crl. Side) appearing for the 2/6

respondent police vehemently opposed for grant of bail to the Petitioner stating that the Petitioner is a History Sheeter and there are 2 previous cases against him.

5. Heard the learned counsel for the Petitioner and the learned Government Advocate (Crl. Side) and perused the materials available on record including the First Information Report.

6. Considering the above facts and circumstances and also considering the period of incarceration suffered by the Petitioner, this Court is inclined to grant bail to the Petitioner with certain conditions:

7. Accordingly, the Petitioner is ordered to be released on bail on his 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 II Judicial Magistrate, Ponneri, Thiruvallur, and on further conditions that: 3/6

(a) the sureties shall affix their photographs and left thumb impression in the surety bond and the learned Judicial / Metropolitan Magistrate may obtain a copy of their Aadhar card or voter identity card or driving license or PAN card or Bank pass Book with photo affixed and attested by Bank Manager 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 influence, threaten or coerce the 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 Investigation Officer shall exercise the discretion to cancel the bail by approaching the Court of the learned Judicial Magistrate/Trial Court. (f) the learned Judicial Magistrate/Trial Court shall on application for cancellation of bail bond by the Investigation Officer shall pass appropriate orders as though bail granted by the learned Judicial Magistrate/Trial Judge himself/herself as laid down by the Hon'ble Supreme Court in P.K.Shaji Vs. State of Kerala [(2005) AIR SCW 5560]; and; 4/6

(g) if the Accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.

25.05.2023 Ksa-2/Ssi To

1. The II Judicial Magistrate, Ponneri, Thiruvallur

2. The Inspector of Police M-7, Manali New Town Police Station Chennai

3. Central Prison, Puzhal, Chennai

4. The Public Prosecutor, High Court of Madras.

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SATHI KUMAR SUKUMARA KURUP ,J.

Ksa-2/Ssi Crl.O.P.No.12001 of 2023 25.05.2023 6/6