Raji v. Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 09.10.2023

CORAM

THE HON'BLE MR. JUSTICE C.V.KARTHIKEYAN Raji S/o.Kannan

...Petitioner/A2

Vs.

State represented by its Inspector of Police, K-10, Koyambedu Police Station, Chennai District.

(Crime No.1808 of 1999) ...Respondent PRAYER: Criminal Original Petition is filed under Section 439 of Cr.P.C. praying to enlarge the petitioners on bail in SC No.136 of 2023 pending on the file of the XXI Additional Judge, Chennai. For Petitioner : Mr.P.Muthamizhselvakumar For Respondent : Mr.R. Kishore Kumar Government Advocate (Criminal Side)

ORDER

The petitioner, who was arrested and remanded to judicial custody on 13.07.2023 for the offences punishable under Sections 392 and 397 IPC in S.C. No.136 of 2023, pending on the file of the XXI Additional Judge, Chennai, seeks bail.

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2.The learned Government Advocate (Crl.Side) submitted that petitioner had been taken into custody on execution of Non Bailable Warrant, which had been issued on 04.07.2023. It is stated that FIR was registered in the year 1999 and the charge sheet was originally filed in the Sessions Court, Poonamalle, in the year 2006. There was no progress and subsequently, the entire case was transferred to the file of the learned XXI, Additional Judge, City Civil Court, Alikulam, Chennai in the year 2023. He further submitted that the other accused was dead. 3.The learned counsel for the petitioner states that the petitioner was not aware of the transfer and did not appear before the Court. Non Bailable Warrant was issued on 04.07.2023 and it was executed on 13.07.2023. It is further stated that the matter is posted for Trial. 4.

Considering all these facts, this Court is inclined to grant bail to the petitioner. Accordingly, the petitioner is ordered to be released on bail on he executing a bond for a sum of Rs.

of the learned XXI Additional Judge, City Civil Court, Alikulam, 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 XXI Additional Judge, City Civil Court, Alikulam, Chennai everyday at 10.30 a.m., until further 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 petitioners 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

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

09.10.2023 mkn2/sli To 1.The XXI Additional Judge, City Civil Court, Alikulam, Chennai 2.The Central Prison, Puzhal.

3.The Public Prosecutor, High Court of Madras.

4.The Inspector of Police, K-10, Koyambedu Police Station, Chennai District.

(Crime No.1808 of 1999) 4/5

C.V.KARTHIKEYAN.

J.

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