Veera @ Veerabathiran v. The Inspector Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 03.10.2023
CORAM
THE HON'BLE MR. JUSTICE C.V.KARTHIKEYAN Veera @ Veerabathiran
...Petitioner
Vs.
State represented by its Inspector of Police, Nazarethpet Police Station, Thiruvallur District.
(Crime No.77 of 2023) ...Respondent PRAYER:
Criminal Original Petition is filed under Section 439 of Cr.P.C. praying to enlarge the petitioner's on bail in Crime No. 77 of 2023 on the file of Inspector of Police, Nazarethepet Police Station, Thiruvallur District.
For Petitioner : Mr. R.Balachanderan For Respondent : Mr.R.Kishore Kumar Government Advocate (Crl. Side) 1/7
ORDER
The petitioner, who was arrested and remanded to judicial custody on 30.05.2023 for the offences punishable under Sections 147, 148, 341, 302 I.P.C r/w. 120(B) IPC r/w. 4, 5 of the Explosive Substances Act, 1998 by way of PT warrant in Crime No.77 of 2023 on the file of the respondent police, seeks bail.
2.The petitioner is A21 in Crime No.77 of 2023. 3.The respondent have determined the status of the present petitioner on the basis of the confession of the 1st accused, who had stated that the petitioner had informed him that he would take care of the case. The case is involved throwing country bomb against the deceased by blocking the car of the deceased, leading the registration of FIR primarily under Section 302 IPC.
4.It is also informed that A3, A5 and A6 had been granted bail by the Principal District and Sessions Court, Thiruvallur on 10.08.2023 and 2/7
A13, A14, A15 and A20 had been granted bail on 07.09.2023. 5The perusal of the records show that, it was A13 who had thrown the bomb, actually which cause death of the deceased. The petitioner was only said to have assured that he would take care of the case and which assurance he had held out to the 1st accused. The petitioner had been taken into custody on the confession of the 1st accused.
6. Considering the above facts and circumstances of the case, this Court is inclined to grant bail to the petitioner subject to the following conditions.
7. 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 learned Judicial Magistrate II, Poonamallee and on further conditions that :- [a] the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the 3/7
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 daily at 10.30 a.m., until further orders.
[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]. [f] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.
03.10.2023 Smv/nsl 4/7
To
1. Judicial Magistrate No.II, Poonamallee
2. Puzhal Central Prison Coimbatore 3.The Public Prosecutor, High Court of Madras 5/7
C.V.KARTHIKEYAN.
J.
Smv 6/7
03.10.2023 7/7