Munna v. Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 03.10.2023

CORAM

THE HON'BLE MR. JUSTICE C.V.KARTHIKEYAN Crl.OP.No.22586 of 2023 Munna

...Petitioner

Vs.

State represented by its Inspector of Police, K6, T.P.Chathram Police Station, Chennai.

(Crime No.361 of 2010)

...Respondent

PRAYER: Criminal Original Petitions has been filed under Section 439 of Cr.P.C. praying to enlarge the petitioner on bail in S.C.No.425 of 2023 in Crime No.361 of 2010 on the file of the learned XIX Additional Sessions Judge, Chennai.

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

ORDER

The petitioner is facing trial in S.C.No.425 of 2023 before the XIX Additional Sessions Judge, Chennai, for the offences punishable under Sections 120B, 147, 148, 324, 326, 307 and 506(ii) r/w Section 149 of IPC.

2. The petitioner had not appeared before the trial Court on 1/4

04.03.2022 for which Non-Bailable Warrant has been issued and the petitioner was taken into judicial custody on 06.07.2023.

3. It is stated that there are totally five accused in this case in which, the petitioner is arrayed as A3 and earlier bail petition filed by the accused was also dismissed by the Principal Sessions Judge, Chennai, in Crl.M.P.No.23155 of 2023 on 14.09.2023.

4. Taking into consideration the submission made by the learned counsel for the petitioner and the period of incarceration by the petitioner from 06.07.2023, this Court is inclined to grant bail to the petitioner subject to the following 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 V Metropolitan Magistrate, Egmore, Chennai, and on further conditions that :- 2/4

[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 appear before the Magistrate Court concerned till the completion of trial. [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 mps/ata C.V.KARTHIKEYAN.

J.

3/4

ata/mps To

1. The V Metropolitan Magistrate Court, Egmore, Chennai.

2.Central Prison, Puzhal, Chennai.

3.The Public Prosecutor, High Court of Madras.

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