Vijay v. Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 18.10.2023

CORAM

THE HON'BLE MR. JUSTICE C.V.KARTHIKEYAN S.Vijay S/o. Siva ... Petitioner/Accused 2 Vs.

State by The Inspector of Police, E-1, Mylapore Police Station, Chennai.

(Crime No.332 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.332 of 2023 pending on the file of the respondent police. For Petitioner : Mr.K.Kamal For Respondent : Mr.R.Kishore Kumar Government Advocate (Crl. Side) 1/5

ORDER

The petitioner, who was arrested and remanded to judicial custody on 07.09.2023 for the offences punishable under Sections 394, 323 & 457 of IPC in Crime No.332 of 2023 on the file of the respondent police, seeks bail.

2. It is stated that the petitioner is A2. The petitioner along with other accused, while the defacto complainant was sleeping had entered into the place and grabbed the cell phone at knife point.

3. It is stated that there are nine previous cases pending against the petitioner herein.

4. Taking into consideration the entire facts, I am 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 2/5

of the XVIII Metropolitan Magistrate Court, Saidapet, 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 appear 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]. 3/5

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

18.10.2023 ata To 1.The XVIII Metropolitan Magistrate, Saidapet, Chennai. 2.Central Prison, Puzhal, Chennai.

3.The Inspector of Police, E-1, Mylapore Police Station, Chennai.

4.The Public Prosecutor, High Court of Madras.

C.V.KARTHIKEYAN.

J.

ata 4/5

Crl.O.P.No.24204 of 2023 18.10.2023 5/5