Ranjith Kumar v. State Represented By Sho

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 26.07.2024

CORAM

THE HON'BLE MRS.JUSTICE T.V.THAMILSELVI Crl.O.P.No. 17793 of 2024 Ranjit Kumar ... Petitioner Vs.

State Rep by.

The SHO Villianur Police Station, Pondicherry.

Crime No. 191 of 2024 ... Respondent PRAYER: Criminal Original Petition filed under Section 439 of Cr.P.C., pleased to enlarge the accused petitioner on bail in crime No. 191 of 2024 on the file of the Station House Officer, Villanur Police Station, Puducherry. For Petitioner : Mr. S.P.Sudalaiyandi For Respondent : Mr.M.V. Ramachandran, Additional Public Prosecutor, Pondicherry.

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O R D E R

The petitioner, who was arrested and remanded to judicial custody on 23.06.2024 for the alleged offences punishable under Section 25 (1-A) of Arms Act, 1959 and under Section 34, 384 and 506(ii) IPC in crime No. 191 of 2024 on the file of the respondent, seeks bail.

2. The case of the prosecution is that the petitioner demanded money from the victim by keeping knife on the neck and also the defacto complainant had given Rs.500/- to the petitioner. All of sudden, the defacto complainant came to the main road and alerted the public to catch them. Thereafter, the police had arrested them and seized their motorcycle and the knife. Hence, the case.

3. The learned counsel for the petitioner submits that the petitioner has been falsely implicated in this case and the petitioner is ready to abide any conditions. On the other side, the learned Government Advocate (Crl. side) submits that there is no previous case pending against the petitioner

4. Considering the period of incarceration undergone by the petitioner and also the investigations in almost completed. Hence, this Court is inclined to grant bail to the petitioner. 2/5

5. 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 ( one must be a blood surety), each for a like sum to the satisfaction of the learned Judicial Magistrate No.III, Puducherry, 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 on alternative days at 10.30 a.m., for a period of three months and thereafter as and when required for interrogation. Further, the petitioner shall deposit a sum of Rs.20,000/- to the credit of registered advocate clerks welfare association, Pondicherry.

[c] the petitioner shall not abscond either during investigation or trial;

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

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T.V.THAMILSELVI,J.

pbl To

1. The Judicial Magistrate No.III, Puducherry. 2.The SHO Villianur Police Station, Pondicherry.

3. The Central prison, Puducherry.

4. The Public Prosecutor, High Court of Madras.

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