T.M.Ranjith v. State By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 16.08.2023
CORAM
THE HON'BLE MR. JUSTICE G.CHANDRASEKHARAN T.M.Ranjith
...Petitioner
Vs.
State By:
The Inspector of Police, Ice House Police Station, Chennai.
Cr.No.1606 of 2020
...Respondent
PRAYER: Criminal Original Petition is filed under Section 439 of Cr.P.C. to enlarge the petitioner on bail in S.C.No.295 of 2021 on the file of the learned II Additional District and Sessions Court, Chennai. For Petitioner : Mr.Prakash Adiapadam For Respondent : Mr.S.Rajakumar Additional Public Prosecutor
ORDER
The petitioner, who was arrested and remanded to judicial custody on 26.07.2023 for the offences punishable under Sections 294(b), 341, 324, 326, 307, 506(ii) read with 34 of IPC in S.C.No.295 of 1/4
2021 pending on the file of learned II Additional District and Sessions Court, Chennai in Crime No.1606 of 2020 on the file of the respondent, seeks bail.
2. It is the submission of the learned counsel for the petitioner that the petitioner is an accused in S.C.No.295 of 2021 pending on the file of the learned II Additional District and Sessions Court, Chennai. Since, he could not appear before the Court on 28.06.2023, NBW was issued against him and was executed on 26.07.2023. Since then, he is in judicial custody. He further submitted that the petitioner will be very regular here after in attending the Court hearings. Thus, he seeks bail.
3. Learned Additional Public Prosecutor submitted that, petitioner has one case pending in FIR stage.
4. Considering the fact that the petitioner is in judicial custody from 26.07.2023 and that he was arrested on NBW and the submission of the learned counsel for the petitioner that petitioner would be regular hereafter in attending the Court hearings, this Court is inclined to grant bail to the petitioner and the petitioner is ordered to be released on bail on his executing a bond for a sum of Rs.25,000/- (Rupees Twenty Five 2/4
thousand only) with two sureties, each for a like sum to the satisfaction of the learned II Additional District and Sessions Court, 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 report before the concerned Court on all working days at 10.30.a.m., until further orders and also on all hearing dates without fail.
[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]. 3/4
G.CHANDRASEKHARAN, J.
mpl [f] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC. 16.08.2023 mpl To 1.The II Additional District and Session Court, Chennai. 2.The Central Prison, Puzhal, Chennai.
3.The Inspector of Police, Ice House Police Station, Chennai.
4.The Public Prosecutor, High Court of Madras.
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