Saravanan v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 13.10.2023

CORAM

THE HON'BLE MR. JUSTICE C.V.KARTHIKEYAN Saravanan ...Petitioner/Accused No.2 Vs.

State represented by The Inspector of Police, Vadavalli Police Station, Coimbatore District.

(Crime No.417 of 2022)

...Respondent

PRAYER: Criminal Original Petition is filed under Section 439 of Cr.P.C. praying to enlarge the Petitioner on bail in Crime No.417 of 2022 on the file of the respondent police.

For Petitioner : Mr.A.Saranraj For Respondent : Mr.R.Kishore Kumar Government Advocate (Criminal Side)

ORDER

The petitioner, who was arrested and remanded to judicial custody on 27.01.2023 for the offence punishable under Section 392 of IPC and 1/4

subsequently, altered to Sections 392, 397 and 34 of IPC, in Crime No.417 of 2022 on the file of the respondent police, seeks bail. 2.It is stated that the petitioner along with other accused snatched the mobile phone from the friend of the defacto complainant and when the defacto complainant tried to catch them, one of the accused attacked him with knife and fled away from the scene of occurrence. 3.After the investigation, the final report has been filed and taken cognizance in P.R.C.No.27 of 2023 by the learned Judicial Magistrate No.VI, Coimbatore. Subsequently, on 02.06.2023, the case has been committed and transferred to the Sessions Court in S.C.No.142 of 2023 pending on the file of the learned Principal Sub Judge, Coimbatore. 4.In view of that particular aspect and in order to give an opportunity to the petitioner, this Court is inclined to grant bail to the petitioner with certain conditions.

5.Accordingly, the petitioner is ordered to be released on bail on condition to execute 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 VI, Coimbatore, and on further 2/4

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 trial Court 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]. [f] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.

13.10.2023 vkr 3/4

C.V.KARTHIKEYAN.

J.

vkr To 1.The Judicial Magistrate No.VI, Coimbatore.

2.Central Prison, Salem.

3.The Inspector of Police, Vadavalli Police Station, Coimbatore District.

4.The Public Prosecutor, High Court of Madras.

Crl.O.P.No.23737 of 2023 13.10.2023 4/4