D.Mahendra v. State Rep. By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 16.08.2024

CORAM

THE HON'BLE MRS.JUSTICE T.V.THAMILSELVI Crl.O.P.No.19899 of 2024 D.Mahendra ... Petitioner Vs.

State Rep by.

The Inspector of Police H8, Thiruvottiyur Police station, Chennai.

Crime No. 261 of 2024 ... Respondent PRAYER: Criminal Original Petition filed under Section 439 of Cr.P.C., pleased to order enlarge the petitioner on bail in crime No. 261 of 2024 on the file of the respondent police.

For Petitioner : Mr.Dharmesh For Respondent : Mr.S.Balaji, Government Advocate (Crl. side) 1/5

O R D E R

The petitioner, who was arrested and remanded to judicial custody on 09.03.2024 for the alleged offences punishable under Sections 294(b), 353, 307, 506(ii) IPC @ 384, 109 and 120 (b) of IPC in crime No. 261 of 2024 on the file of the respondent, seeks bail.

2. The case of the prosecution is that when the respondent police was on regular vehicle check up near Basin Road, Conoor, the petitioner came in a vehicle and took a knife and attempted to assault the police. Hence, the case.

3. Heard both sides.

4. On perusal of the records, it reveals that detention order passed against the petitioner was revoked. Further, as per the Government Advocate (Crl. side) the investigation has been completed in this case and also he obtained bail in other cases also. Hence, this Court is inclined to grant bail to the petitioner.

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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, Thiruvottiyur, 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 Thirunelveli Town Police station daily at 10.30 a.m., for a period of three months;

[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, 3/5

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.

16.08.2024 pbl 4/5

T.V.THAMILSELVI,J.

pbl To

1. The Judicial Magistrate, Thiruvottiyur. 2.The Inspector of Police H8, Thiruvottiyur Police station, Chennai.

3. The Central Prison, Puzhal -II, Chennai.

4. The Public Prosecutor, High Court of Madras.

Crl.O.P.No.19899 of 2024 16.08.2024 5/5