Selvam v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :23.08.2023

CORAM

THE HON'BLE MR. JUSTICE G.CHANDRASEKHARAN Selvam ..Petitioner Vs.

The State Rep. By The Inspector of Police, Ranipet Police Station, Ranipet District.

Crime No.754 of 2019 ...Respondent PRAYER:

Criminal Original Petition is filed under Section 439 of Cr.P.C. praying to enlarge the petitioner on bail in S.C.No.43 of 2021 in Crime No.754 of 2019 pending on the file of the learned Principal District Judge, Vellore, Vellore District.

For Petitioner : Mr.A.Saranraj For Respondent : Mr.S.Rajakumar Additional Public Prosecutor 1/6

ORDER

The petitioner, who was arrested and remanded to judicial custody on 11.07.2023 for the offences punishable under Section 294(b), 324, 506(ii), 307 of IPC and Section 3(1) of Tamil Nadu Public Property ( Prevention of Damage and Loss) Act, 1992 pending in S.C.No.43 of 2021 on the file of the learned Principal District Judge, Vellore, in connection with Crime No.754 of 2019, seeks bail.

2. The learned counsel for the petitioner submitted that, petitioner is an accused in S.C.No.43 of 2021. Non Bailable Warrant was issued against him and it was executed on 11.07.2023. He further submitted that, petitioner would be very regular hereafter and thus, he seeks bail to the petitioner.

3. In response, the learned Additional Public Prosecutor submitted that, petitioner has one previous case pending against him. Thus, he opposed this petition.

4. Considering the fact that, petitioner was arrested on the 2/6

basis of the non-bailable warrant issued against him for not appearing before the Court for one hearing and subsequently remanded to Judicial Custody on 11.07.2023 and also having regard to the submission of the learned counsel for the petitioner that the petitioner would regularly appear before the Court hereafter, 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 Principal District Judge, 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 appear before the learned Principal District Judge, Vellore, Vellore District on all working days without fail;

[c] the petitioner shall not abscond either during 3/6

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. 23.08.2023 Sma To 4/6

1. Principal District Judge, Vellore, Vellore District 2.The Inspector of Police, Ranipet Police Station, Ranipet District.

3.Central Prison, Vellore.

4.The Public Prosecutor, High Court of Madras G.CHANDRASEKHARAN. J.

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Sma Crl.O.P.No.18284 of 2023 23.08.2023 6/6