Loganathan v. State Rep By The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 26.08.2022

CORAM

THE HON'BLE MR. JUSTICE G.K.ILANTHIRAIYAN Loganathan

...Petitioner

Vs.

State represented by The Inspector of Police, Bagayam Police Station, Vellore District.

(Crime No.198 of 2022) ..Respondent PRAYER:

Criminal Original Petition is filed under Section 439 of Cr.P.C. praying to enlarge the petitioner on bail in Crime No.198 of 2022 pending investigation on the file of the respondent. For Petitioner :Mr.E.Kannadasan For Respondent :Mr.A.Damodaran, Additional Public Prosecutor 1/6

ORDER

The petitioner, who was arrested and remanded to judicial custody on 03.08.2022 for the offences punishable under Sections 294(b), 323, 307, 397, 506(ii) of IPC in crime No.198 of 2022 on the file of the respondent police, seek bail.

2. There are totally three accused in this case and the petitioner is arrayed as A2. The case of the prosecution is that there was a wordy quarrel between the petitioner and the defacto complainant in a petrol bunk, in which, the petitioner along with other accused abused the defacto complainant using filthy language and robbed a sum of Rs.5,000/- from the defacto complainant and also threatened with dire consequences. Hence, the case.

3. Considering the above facts and circumstances of the case and also the period of incarceration by the petitioner from the date of their arrest i.e., 03.08.2022, this Court is inclined to grant bail to the petitioner.

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4. 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 Judicial Magistrate, No.I, Vellore 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 twice daily at 10.30 a.m. and 5.30 p.m., for a period of four weeks 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 3/6

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 abscond, a fresh FIR can be registered under Section 229A IPC.

26.08.2022 Sma 4/6

To

1. Judicial Magistrate No.I, Vellore.

2.The Inspector of Police, Bagayam Police Station, Vellore District.

3. Central Prison, Vellore.

4.The Public Prosecutor, High Court of Madras 5/6

G.K.ILANTHIRAIYAN, J.

Sma Crl.O.P.No.19969 of 2022 26.08.2022 6/6