Balan @ Chinna Attai v. Inspector Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 17.10.2023
CORAM
THE HON'BLE MR. JUSTICE C.V.KARTHIKEYAN Balan @ Chinna Attai ... Petitioner Vs.
State by The Inspector of Police, H-1, Old Washermenpet Police Station, Chennai.
(Crime No.350 of 2023)
...Respondent
Prayer: Criminal Original Petition filed under Section 439 of Cr.P.C. praying to enlarge the Petitioner on bail concerned in Crime No.350 of 2023 pending on the file of the respondent police. For Petitioner : Mr.M.Illiyas For Respondent : Mr.R.Kishore Kumar Government Advocate (Crl. Side) 1/6
ORDER
The petitioner seeks bail in Crime No.350 of 2023 registered by the respondent police for the offences punishable under Sections 341, 294(b), 392, 397, 336 & 506(ii) of IPC and he had been arrested and remanded to judicial custody on 07.09.2023.
2. It is stated that the petitioner had waylaid the defacto complainant and had robbed a sum of Rs.2,500/- at knife point.
3. It is stated by the learned counsel for the petitioner that the petitioner was an innocent of the said offence and he has nothing to do with the alleged offence.
4. It is stated on behalf of the respondent that there are totally 12 previous cases pending against the petitioner herein.
5. Taking into consideration the entire situation, this Court is inclined to grant bail to the petitioner subject to the following conditions: 2/6
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 XV Metropolitan Magistrate, G.T., 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 respondent police daily twice i.e., everyday Morning at 10.30 a.m., and Evening at 5.30 p.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 3/6
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.
17.10.2023 ata 4/6
To 1.XV Metropolitan Magistrate Court, George Town, Chennai.
2.Central Prison, Puzhal.
3.The Inspector of Police, H-1, Old Washermanpet Police Station, Chennai.
4.The Public Prosecutor, High Court of Madras.
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C.V.KARTHIKEYAN.
J.
ata Crl.O.P.No.23989 of 2023 17.10.2023 6/6