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Madras High CourtCRL OP/23469/2023granted

Raagu @ Ragavendran v. State Rep By The Inspector Of Police

2023-10-19Honourable Mr Justice C.V. Karthikeyan5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 19.10.2023

CORAM

THE HON'BLE MR. JUSTICE C.V.KARTHIKEYAN Raagu @ Ragavendran S/o. Sekar ... Petitioner/Accused 2 Vs.

State by The Inspector of Police, K-10, Koyambedu Police Station, Chennai.

(Crime No.276 of 2023)

...Respondent

Prayer: Criminal Original Petition filed under Section 439 of Cr.P.C. praying to enlarge the Petitioner/Accused 2 on bail concerned in Crime No.276 of 2023 pending on the file of the respondent police. For Petitioner : Mr.R.Sasikumar For Respondent : Mr.R.Kishore Kumar Government Advocate (Crl. Side) 1/5

ORDER

The petitioner, who was arrested and remanded to judicial custody on 05.06.2023 for the offences punishable under Sections 294(b), 341, 324, 307 & 506(ii) of IPC, in Crime No.276 of 2023 on the file of the respondent police, seeks bail.

2. It is stated that the defacto complainant had alleged that he had been injured owing to assault with knife by the accused, due to previous enmity.

3. It is the case of the defacto complainant that the defacto complainant had to give evidence to another case. All the accused threatened him and assaulted him stating that not to give evidence against them and also threatened to withdraw the complaint.

4. The learned counsel for the petitioner states that the petitioner has nothing to do with the alleged offence and two of the accused had been granted bail. It is also stated that the petitioner is ready to stay away to farther place.

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5. In view of the that particular statement made by the learned counsel for the petitioner, I am inclined to grant bail to the petitioner with certain conditions:

6. 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:

[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 stay at Trichy and report before the Trichy Town Police Station 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. 3/5

[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.

19.10.2023 ata To 1.The V Metropolitan Magistrate, Egmore, Chennai. 2.Central Prison, Puzhal, Chennai.

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

4.The Public Prosecutor, High Court of Madras.

C.V.KARTHIKEYAN.

J.

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ata Crl.O.P.No.23469 of 2023 19.10.2023 5/5