Sudhanthirarajan @ Sudhanthiraraj v. The State Rep.By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 15.11.2023

CORAM

THE HON'BLE MR. JUSTICE C.V.KARTHIKEYAN Crl.O.P.No.23846 of 2023 Sudhanthirarajan @ Sudhanthiraraj

...Petitioner

Vs.

State represented by the Inspector of Police, Nallur Police Station, Thiruppur City and District.

(Crime No.732 of 2023)

...Respondent

PRAYER:Criminal Original Petition is filed under Section 439 of Cr.P.C. praying to enlarge the petitioner's on interim bail in Crime No.732 of 2023 on the file of respondent police on such terms and conditions. For Petitioner : Mr.R.Senthilkumar For Respondent : Mr.R.Kishore Kumar Government Advocate (Crl. Side)

ORDER

The petitioner, who was arrested and remanded to judicial custody on 03.09.2023 for the offence under Sections 294(b), 341, 343, 307, 506(ii) 1/4

of IPC, in Crime No.732 of 2023, on the file of the respondent police, seeks bail.

2.It is stated that the defacto complainant was working as a machine operator in RKM Company at Tiruppur. There was some dispute between A1 and the defacto complainant and on owing to such dispute, all the accused had committed the offence leading to registration of the first information report under Section 307 of IPC.

3.The petitioner was earlier granted interim bail to attend the funeral of his own father and subsequently, he had also been surrendered and the injured had also been discharged from the hospital. 4.Taking all the factors into consideration, 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.IV, Tiruppur, 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.

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[b] the petitioner shall report before the respondent Police 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. [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 229-A IPC.

15.11.2023 vkr To

1. The Judicial Magistrate No.IV, Tiruppur

2. The Inspector of Police, Nallur Police Station, Thiruppur City and District.

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C.V.KARTHIKEYAN, J.

vkr

3. The District Sub Jail, Tiruppur.

4. The Public Prosecutor, High Court of Madras.

Crl.O.P.No.23846 of 2023 15.11.2023 4/4