Ranjith v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 13.07.2023

CORAM

THE HON'BLE MR. JUSTICE G.CHANDRASEKHARAN Ranjith

...Petitioner

Vs.

State rep. by The Inspector of Police K-3 Aminjikarai Police Station Aminjikarai, Chennai - 600 029 (Crime No.21/2020)

...Respondent

PRAYER: Criminal Original Petition is filed under Section 439 of Cr.P.C. praying to enlarge the petitioner on bail pending trial in C.C.No.953 of 2022 on the file of the Vth Metropolitan Magistrate, Egmore, Chenni.

For Petitioner : Ms.A.Poonkodi For Respondent : Mr.Leonard Arul Joseph Selvam Government Advocate (Crl.side) 1/6

ORDER

The petitioner, who was arrested and remanded to judicial custody on 07.06.2023 for the offences punishable under Sections 294(b), 387, 324 and 506(ii) of IPC, in Crime No.21 of 2020 , on the file of the respondent police, in C.C.No.953 of 2022 on the file of the Vth Metropolitan Magistrate, Egmore, Chennai, seeks bail.

2. The learned counsel for the petitioner submitted that, Non Bailable Warrant was issued against the petitioner in C.C.No.953 of 2022, pending on the file of the Vth Metropolitan Magistrate, Egmore, Chennai. The petitioner was absent only for one hearing and on the basis of Non Bailable Warrant issued against the petitioner on 03.05.2023, the petitioner was arrested and remanded to judicial custody on 07.06.2023. Thus, he prays for grant of bail.

3. In reply, the learned Government Advocate (Crl. Side) opposed this petition, on the ground that, there are two accused in this 2/6

case and the petitioner is arrayed as A2. Now the case is pending for examination of witnesses.

4. Considering the nature of allegation and that, the petitioner is in judicial custody from 07.06.2023, this Court is inclined to grant bail to the petitioner.

5. Accordingly, the petitioner is ordered to be released on bail on his executing a bond for a sum of Rs.25,000/- (Rupees Twenty Five thousand only) with two sureties, each for a like sum to the satisfaction of the learned Vth Metropolitan Magistrate, Egmore, 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 appear before the trial Court on all working days at 10.00 a.m., until further orders.

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[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 Vth Metropolitan Magistrate, Egmore, Chennai 2.The Central Prison, Puzhal 3.The Inspector of Police K-3 Aminjikarai Police Station Aminjikarai, Chennai - 600 029 4.The Public Prosecutor, High Court of Madras 5/6

G.CHANDRASEKHARAN. J.

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