Balan @ Balamurugan v. State, Represented By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 29.08.2023
CORAM
THE HON'BLE MR. JUSTICE G.CHANDRASEKHARAN Balan @ Balamurugan ...Petitioner Vs.
The State Rep by The Inspector of Police, Pallavaram Police Station, Chennai District.
(Crime No.168 of 2010) ...Respondent. PRAYER:
Criminal Original Petition is filed under Section 439 of Cr.P.C. praying to enlarge the petitioner on bail in connection with P.R.C.No.2 of 2022 on the file of the learned Judicial Magistrate, Pallavaram. For Petitioner : Mr.Ilayaraja Kandasamy For Respondent : Mr.S.Rajakumar Additional Public Prosecutor
ORDER
The petitioner, who was arrested and remanded to judicial custody 1/7
on 18.07.2022 for the offences punishable under Sections 341, 394, 397, 506 (ii) I.P.C in P.R.C.No.2 of 2022 on the file of the learned Judicial Magistrate, Pallavaram, seeks bail.
2.It is the submission of the learned counsel for the petitioner that petitioner was arrested in this case on the basis of NBW issued on 29.07.2016 and arrest was made on 18.07.2022. Since then, he is in judicial custody. Petitioner would be regular hereafter, in attending the Court. Hence, he seeks bail.
3.The learned Additional Public Prosecutor opposed this petition on the ground that though this case is of the year 2022 in a crime registered in 2010, still P.R.C.No.2 of 2022 is not committed due to absence of one or the other accused.
4.Considered the rival submissions and perused the records. 5.Considering the fact that petitioner is in judicial custody from 18.07.2022 and the submission of learned counsel for the petitioner that 2/7
petitioner would be regular hereafter in attending the Court, this Court is inclined to grant bail to the petitioner with conditions.
6. 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 Judicial Magistrate, Pallavaram, Chennai, 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 before the learned Judicial Magistrate, Pallavaram, Chennai, on Tuesday and Thursday at 10.00.a.m., until further orders and on the date of hearings without fail. [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 3/7
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.
29.08.2023 ep 4/7
To 1.The Judicial Magistrate, Pallavaram, Chennai. 2.The Inspector of Police, Pallavaram Police Station, Chennai District.
3.Central Prison, Puzhal, Chennai 4.The Public Prosecutor, High Court of Madras.
5/7
G.CHANDRASEKHARAN.
J.
ep 6/7
29.08.2023 (1/2) 7/7