Obed @ Obed Gangmei v. The State Rep By, The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 09.05.2025

CORAM

THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI Obed @ Obed Gangmei ... Petitioner(s) /Accused Vs.

State rep. by Inspector of Police, J-3, Guindy Police Station, Chennai.

... Respondent(s)/ Complainant Crime No.1197 of 2014 Prayer: Criminal Original Petition filed under Section 482 of Bharatiya Nyaya Sanhita, 2023, to enlarge the petitioner on bail in PRC.No.30 of 2023 on the file of the IX Metropolitan Magistrate, Saidapet, Chennai. For petitioner(s) : Mr.R.Sankarasubbu For Respondent(s) : M/s.J.R.Archana Government Advocate (Crl.Side) Page No.1 of 7

O R D E R

This Criminal Original Petition has been filed by the petitioner, who was arrested and remanded to judicial custody on 06.12.2024, seeking bail in Crime No. 1197 of 2014 registered for the offences under Section 174 of Cr.PC @ 342 and 302 r/w Section 34 of IPC.

2. Learned counsel for the petitioner submitted that the petitioner is an accused facing trial in P.R.C.No.30 of 2023 on the file of the IX Metropolitan Magistrate, Saidapet, Chennai. He further submitted that since the petitioner was in ill-health, he was unable to appear before the trial Court, and he was issued with the non-bailable warrant on 23.10.2016 and pursuant to the same, he was arrested on 06.12.2024. He also submitted that the petitioner will undertake that hereafter he will regularly appear before the trial court on all hearing dates and also stated that he is prepared to comply with any stringent conditions that may be imposed by this Court. Therefore, he prays for grant of bail to the petitioner.

3. Learned Government Advocate (Crl.Side) appearing for the respondent, Page No.2 of 7

while opposing the grant of bail to the petitioner, reiterated the prosecution case.

4. Heard the learned counsel for the petitioner and the learned Government Advocate (Crl.Side) and perused the materials available on record.

5. Considering the nature of allegations and also considering the undertaking given by the petitioner that he is ready to co-operate for speedy disposal of the trial, this Court is inclined to grant bail to the petitioner with certain 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 IX Metropolitan Magistrate, Saidapet, 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;

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[b] the petitioner shall report before the respondent Police, everyday at 10.30 a.m., for a period of one month and thereafter, as and when required for interrogation;

[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 269 B.N.S.

09.05.2025 Index : Yes/No Speaking Order/Non Speaking Order Internet: Yes/No skr/dpa Page No.4 of 7

Note:

1. Registry is directed to forthwith upload this order in the official website of this Court.

2. All concerned to act on this order being uploaded in official website of this court without insisting on certified hard copies. To be noted, this order when uploaded in official website of this court will be watermarked and will also have a QR code. To

1. Inspector of Police, J-3, Guindy Police Station, Chennai.

2. The Public Prosecutor, Madras High Court, Chennai.

3. IX Metropolitan Magistrate, Saidapet, Chennai.

4. Central Prison, Puzhal Page No.5 of 7

L.VICTORIA GOWRI, J.

skr/dpa Page No.6 of 7

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