K.Dhamodharan v. State Rep.By

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.24383 of 2023 K.Dhamodharan ... Petitioner Vs.

The State rep. by:- The Inspector of Police, Nemili Police Station, Vellore District.

(Crime No. 282 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.282 of 2023 on the file of the respondent. For Petitioner : Mr.R.Sasikumar For Respondent : Mr.R.Kishore Kumar Government Advocate (Crl.Side)

ORDER

The petitioner, who was arrested and remanded to judicial custody on 05.09.2023 for the offence punishable under Sections 294(b), 323, 324, 1/4

307, 392, 397, 427 and 506(ii) of IPC in Crime No.282 of 2023 on the file of the respondent police, seeks bail.

2.It is stated that on 05.09.2023, the petitioner along with another accused had abused the defacto complainant, attacked him with deadly weapons and committed robbery.

3.The learned counsel for the petitioner stated that the petitioner is in judicial custody from 05.09.2023.

4.The only worrying fact is that A2 is still absconding. 5.A direction is given to the respondent to secure the second accused.

6.It is made clear that though the bail is granted to the petitioner, the relief cannot be automatically granted to A2. 7.Taking into consideration all the facts and the period of incarceration, 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 Judicial Magistrate, Arakkkonam and on further conditions that: 2/4

[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 on 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 229A IPC.

20.10.2023 vkr 3/4

C.V.KARTHIKEYAN, J.

vkr To

1. The Judicial Magistrate, Arakkonam

2. The Central Prison, Vellore.

3. The Inspector of Police, Nemili Police Station, Vellore District.

4. The Public Prosecutor, High Court of Madras.

Crl.O.P.No.24383 of 2023 20.10.2023 4/4