Vasanth @ Vasanthakumar v. State Rep.By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 09.11.2023
CORAM
THE HON'BLE MR. JUSTICE C.V.KARTHIKEYAN Crl.O.P.No.23651 of 2023 Vasanth @ Vasanthakumar ... Petitioner Vs.
The State rep by The Inspector of Police, H-6, R.K.Nagar Police Station, Chennai.
Crime No.698 of 2019 ... Respondent PRAYER: Criminal Original Petition filed under Section 439 of Cr.P.C., pleased to enlarge the petitioner / Accused on bail in P.R.C.No.111 of 2022 pending on the file of the XV Metropolitan Magistrate, George Town, Chennai in connection with Crime No.698 of 2019 on the file of the respondent Police.
For Petitioner : Mr.M.Illiyas For Respondent : Mr.R.Kishore Kumar Government Advocate (Crl.Side) 1/5
ORDER
The petitioner/A2 seeks bail in P.R.C.No.111 of 2022 now pending before the XV Metropolitan Magistrate, George Town, Chennai. 2.Originally, Crime No.698 of 2019 had been registered by the respondent Police for the offences under Sections 294(b), 392 r/w 397, 394, 427, 506(ii) r/w 34 of IPC.
3.As against the petitioner, Non Bailable Warrant has been issued on 20.06.2023, but he was secured on 03.08.2023. As against A3, Non Bailable Warrant was pending, but he had been secured on 01.11.2023. As against A4 also Non Bailable Warrant was pending, but it is informed that he had been taken into custody in yet another case and necessary application to bring him up under prisoner on transit warrant, is being filed before the learned Metropolitan Magistrate.
4.Taking into consideration that all the accused have now been secured and the learned Magistrate can now commit the case to the Court of Sessions, this Court is inclined to grant bail to the petitioner with certain conditions.
5.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 2/5
only) with two sureties, each for a like sum to the satisfaction of the learned XV Metropolitan Magistrate, George Town, 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 learned XV Metropolitan Magistrate, George Town, Chennai, everyday, till committal and thereafter, report before the concerned Sessions Judge, everyday, till framing of charges and after the charges are framed, as directed by the Sessions Judge;
[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 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.
09.11.2023 vkr To
1. The XV Metropolitan Magistrate, George Town, Chennai.
2. The Inspector of Police, H-6, R.K.Nagar Police Station, Chennai.
3. The Central Prison, Puzhal.
4. The Public Prosecutor, High Court of Madras. 4/5
C.V.KARTHIKEYAN, J.
vkr Crl.O.P.No.23651 of 2023 09.11.2023 5/5