K.Yogaraj @ Logu v. The 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.25025 of 2023 K.Yogaraj @ Logu ... Petitioner Vs.

The State rep by The Inspector of Police, K-2, Ayanavaram Police Station, Chennai.

Crime No.257 of 2023 ... Respondent PRAYER: Criminal Original Petition filed under Section 439 of Cr.P.C., pleased to enlarge the petitioner / Accused on bail in Crime No.257 2023 pending on the file of the respondent Police. For Petitioner : Mr.V.G.Velmurugan For Respondent : Mr.R.Kishore Kumar Government Advocate (Crl.Side)

ORDER

The petitioner/A1 in S.C.No.531 of 2023 now pending before the XXIII Additional Sessions Court, Chennai, seeks bail. 1/4

2.Originally, Crime No.257 of 2023 had been registered by the respondent Police for the offences under Sections 341, 294(b), 323, 336, 397 and 506(ii) of IPC.

3.It is stated that the petitioner and the other accused have demanded a sum of Rs.500/- from the defacto complainant by showing knife. 4.On the side of the petitioner, it had been stated that a false case has been registered against him.

5.The one factor which was on the mind of the Court is that A2 was absconding and Non Bailable Warrant was issued against him. 6.It is now informed that A2 had been secured. 7.Taking that factor into consideration, this Court is inclined to grant bail to the petitioner with certain conditions. 8.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 V Metropolitan Magistrate, Egmore, Chennai, and on further conditions that:

[a] the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the Magistrate 2/4

may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity.

[b] the petitioner shall report before the learned XXIII Additional Sessions Judge, Chennai, everyday at 10.30 a.m., till completion of the trial ;

[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.

09.11.2023 vkr To

1. The V Metropolitan Magistrate, Egmore, Chennai.

2. The Central Prison, Puzhal.

3/4

C.V.KARTHIKEYAN , J.

vkr

3. The Inspector of Police, K-2, Ayanavaram Police Station, Chennai.

4. The Public Prosecutor, High Court of Madras. Crl.O.P.No.25025 of 2023 09.11.2023 4/4