Devaraj v. The Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 06.10.2023

CORAM

THE HON'BLE MR. JUSTICE C.V.KARTHIKEYAN

1. Devaraj

2. Ramu

3. Jothi @ Jothinathan

...Petitioners

Vs.

The Inspector of Police, St. Thomas Mount Police Station, Chennai.

(Crime No.196 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.196 of 2023 on the file of the respondent police.

For Petitioner : Mr.G.V.Sridharan For Respondent : Mr.R. Kishore Kumar Government Advocate (Criminal Side) 1/5

ORDER

The petitioners, who were arrested and remanded to judicial custody on 16.09.2023 for the offence punishable under Sections 341,294(b),324,506(2) and 307 of IPC in Crime No.196 of 2023, on the file of the respondent police, seeks bail.

2. The learned counsel for the petitioner submits that the petitioner is working as a Mechanic in a company namely N.S.Rama Rao Works at GST Road, Guindy, Chennai. He further stated that, petitioners are innocent persons and they had been falsely implicated in this case. He further submitted that the petitioners are ready to abide by any stringent condition imposed by this Court. Hence, he prays for grant of bail to the petitioners.

3. It is stated on the side of the respondent is that there was a salary dispute between the management and workers. The defactocomplainant had apparently joined hands with the management. There was a wordy quarrel, which led to assault. He further stated that injured 2/5

had been discharged from the hospital. However, he vehemently oppose the grant of bail to the petitioners.

4. Taking into consideration the facts and circumstances, this Court is inclined to grant bail to the petitioners subject to the following conditions.

5. Accordingly, the petitioners are ordered to be released on bail on condition to execute a separate 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-I, Alandur, 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 petitioners shall report before the respondent police everyday at 10.30 a.m., until further orders.

[c] the petitioners shall not abscond either during investigation or trial.

[d] the petitioners shall not tamper with evidence 3/5

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 petitioners 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.

06.10.2023 gvn/gd To

1. The Judicial Magistrate-I, Alandur.

2. The Inspector of Police, St. Thomas Mount Police Station, Chennai.

3.Central Prison, Puzhal, Chennai.

4.The Public Prosecutor, High Court of Madras.

4/5

C.V.KARTHIKEYAN, J.

gvn/gd 06.10.2023 5/5