Saravanan v. The State Rep.By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 20.10.2023

CORAM

THE HON'BLE MR. JUSTICE C.V.KARTHIKEYAN Crl.O.P.No.22719 of 2023 Saravanan ... Petitioner Vs.

The State rep. by:- The Inspector of Police, H-6, R.K.Nagar Police Station, Chennai 21.

(Crime No. 531 of 2023) ... Respondent PRAYER: Criminal Original Petition filed under Section 439 of Cr.P.C., pleased to enlarge the petitioner / Accused on bail in Crime No.531 of 2023 pending investigation on the file of the respondent Police. For Petitioner : Mr.Shahul Hameed For Respondent : Mr.R.Kishore Kumar Government Advocate (Crl.Side)

ORDER

The petitioner/A1, who was arrested and remanded to judicial custody on 25.08.2023 registered for the offence under Sections 399 and 402 1/4

of IPC in Crime No.531 of 2023 on the file of the respondent Police, seeks bail.

2.One factor on the mind of the Court is that A3 and A4 had absconded.

3.But it is stated that A4 is now surrendered and bail had been granted to him.

4.But at any rate, some bonafideness had been shown and considering the period of incarceration, 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 Metropolitan Magistrate No.XV, George Town, 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 respondent Police on everyday at 10.30 a.m., until further 2/4

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.

20.10.2023 vkr To

1. The Metropolitan Magistrate No.XV, George Town, Chennai.

2. The Inspector of Police, H-6, R.K.Nagar Police Station, Chennai 21.

3. The Central Prison II, Puzhal.

4. The Public Prosecutor, High Court of Madras.

3/4

C.V.KARTHIKEYAN, J.

vkr Crl.O.P.No.22719 of 2023 20.10.2023 4/4