R.Jagadeesh @ Jega v. State Rep.By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 10.10.2023

CORAM

THE HON'BLE MR. JUSTICE C.V.KARTHIKEYAN R.Jagadeesh @ Jega

...Petitioner

Vs.

State through The Inspector of Police, Kelamangalam Police Station, Krishnagiri District.

(Crime No.270 of 2023)

...Respondent

PRAYER:

Criminal Original Petition is filed under Section 439 of Cr.P.C. praying to enlarge the petitioner on bail in Crime No.270 of 2023 pending investigation on the file of the respondent police. For Petitioner : Mr.R.Ganesh Kumar For Respondent : Mr.R.Kishore Kumar Government Advocate (Criminal Side) 1/5

ORDER

The petitioner, who was arrested and remanded to judicial custody on 24.08.2023 originally registered for the offence punishable under Sections 341, 294(b), 324 and 506(ii) of IPC @ Sections 341, 294(b), 324, 506(ii) and 307 of IPC in Crime No.270 of 2023 on the file of the respondent police, seeks bail.

2.The occurrence had happened on 21.08.2023. It is stated that there are totally four accused in this case. The petitioner herein is the first accused. A2 has been granted bail by the Principal Sessions Judge. A3 is in custody. A4 is still absconding.

3.But any rate, taking into consideration the period of incarceration suffered by the petitioner, this Court is inclined to grant bail to the petitioner with certain conditions.

4.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 District Munsif cum Judicial Magistrate, Denkanikottai and on 2/5

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 also disclose the whereabout of the fourth accused to the respondent Police;

[c] the petitioner shall report before the respondent police daily at 10.00 a.m and 5.00 p.m., till the fourth accused is secured.

[d] the petitioner shall not abscond either during investigation or trial.

[e] the petitioner shall not tamper with evidence or witness either during investigation or trial. [f] 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]. 3/5

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

10.10.2023 vkr To 1.The District Munsiff cum Judicial Magistrate, Denkanikottai.

2.Sub Jail, Dharmapuri.

3.The Inspector of Police, Kelamangalam Police Station, Krishnagiri District.

4.The Public Prosecutor, High Court of Madras.

4/5

C.V.KARTHIKEYAN.

J.

vkr Crl.O.P.No.22887 of 2023 10.10.2023 5/5