Rajkumar v. State Rep.By Its

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 20.10.2023

CORAM

THE HON'BLE MR. JUSTICE C.V.KARTHIKEYAN Crl.O.P.No.23976 of 2023 Rajkumar ... Petitioner Vs.

The State rep. by:- The Inspector of Police, Traffic Investigation Wing Police Station, Redhills, Chennai.

(Crime No. 603 of 2023) ... Respondent PRAYER: Criminal Original Petition filed under Section 439 of Cr.P.C., pleased to enlarge the petitioner / Accused on bail pending investigation in Crime No.603 of 2023 on the file of the respondent. For Petitioner : Mr.G.Punniakoti For Respondent : Mr.R.Kishore Kumar Government Advocate (Crl.Side) 1/4

ORDER

The petitioner, who was arrested and remanded to judicial custody on 30.09.2023 for the offence punishable under Sections 279, 304(A) of IPC and subsequently, altered to Sections 279 and 304(ii) of IPC in Crime No.603 of 2023 on the file of the respondent police, seek bail. 2.It is stated the deceased was riding the two wheeler bearing registration No.TN 18 BB 3387 with the defacto complainant and when the petitioner had driven the tourist van and hit the two wheeler. The deceased fell down and the van rolled over him and died on the way to hospital. 3.It is stated by the learned Government Advocate that the petitioner was not under the influence of alcohol.

4. Taking into consideration the period of incarceration and all other surrounding circumstances, 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 only) with two sureties, each for a like sum to the satisfaction of the learned Judicial Magistrate No.II, Ponneri and on further conditions that: [a] the sureties shall affix their photographs and 2/4

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 on everyday at 10.30 a.m., for a period of two weeks and thereafter as and when required for interrogation;

[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].

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

20.10.2023 vkr C.V.KARTHIKEYAN, J.

3/4

vkr To

1. The Judicial Magistrate No.II, Ponneri.

2. The Inspector of Police, Traffic Investigation Wing Police Station, Redhills, Chennai.

3. The Sub Jail, Ponneri.

4. The Public Prosecutor, High Court of Madras.

Crl.O.P.No.23976 of 2023 20.10.2023 4/4