Ukeshkumar v. State Rep.By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 13.10.2023

CORAM

THE HON'BLE MR. JUSTICE C.V.KARTHIKEYAN 1.Ukeshkumar 2.Bharathkumar

...Petitioners

Vs.

State represented by The Inspector of police, Sevvapet Police Station, Avadi City.

(Crime No.437 of 2023)

...Respondent

PRAYER: Criminal Original Petition is filed under Section 439 of Cr.P.C. praying to enlarge the Petitioners on bail pending investigation in Crime No.437 of 2023 on the file of respondent Police. For Petitioners : Mr.R.Sasikumar For Respondent : Mr.R.Kishore Kumar Government Advocate (Criminal Side)

ORDER

The petitioners, who were arrested and remanded to judicial custody on 28.08.2023 for the offence punishable under Section 395 of 1/5

IPC in Crime No.437 of 2023 on the file of the respondent police, seeks bail.

2.It is stated the petitioners along with other accused waylaid the defacto complainant who was doing gold business and assaulted him with knife point. It is further stated that they robbed 1.100 grams of gold and Rs.5 lakhs of cash.

3.It is also stated that the co-accused in this case had been granted bail by this Court in Crl.O.P.No.23158 of 2023 on 09.10.2023. The property had been recovered.

4.On the side of the respondent, it is stated that the first petitioner (A3) has been detained as "Goonda" as contemplated under Section 2(f) of the Tamil Nadu Act 14 of 1982.

5.Taking into consideration all these facts and the period of incarceration undergone by the second petitioner, this Court is inclined to grant bail to the second petitioner with certain conditions.

6. Accordingly, the Criminal Original Petition in respect of the first petitioner (A6) stands closed and in respect of the second petitioner, the Criminal Original Petition stands ordered and the second petitioner is 2/5

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 Judicial Magistrate No.II, Thiruvallur, 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 second petitioner shall report before the respondent police daily at 10.30 a.m until further orders.

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

[d] the second 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 second petitioner in accordance with law as if the conditions have been imposed and the second 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].

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

13.10.2023 vkr To 1.The Judicial Magistrate No.II, Thiruvallur. 2.Central Prison, Puzhal.

3.The Inspector of Police, Sevvapet Police Station, Avadi City.

4.The Public Prosecutor, High Court of Madras.

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C.V.KARTHIKEYAN.

J.

vkr Crl.O.P.No.23736 of 2023 13.10.2023 (1/2) 5/5