Deva @ Devendiran v. State Rep. By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 30.10.2023

CORAM

THE HON'BLE MR. JUSTICE C.V.KARTHIKEYAN Crl.O.P.No.24701 of 2023 Deva @ Devendiran ... Petitioner Vs.

The State rep. by:- The Inspector of Police, Ammapet Police Station, Salem District.

(Crime No.1006 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.1006 of 2023 pending investigation on the file of the respondent Police. For Petitioner : Mr.B.Vasudevan For Respondent : Mr.R.Kishore Kumar Government Advocate (Crl.Side)

ORDER

The petitioner/A10, who was arrested and remanded to judicial custody on 20.09.2023, registered by the respondent Police for the offence 1/4

under Sections 147, 148, 448, 294(b), 324, 386, 307 of IPC and Section 3(1) of TNPPDL Act, in Crime No.1006 of 2023, seeks bail. 2.It is stated that on the previous day of Vinayagar Chaturthi, when the defacto complainant and his family members were preparing samosa, all the accused had taken that away without payment. There was a quarrel which escalated into violence leading to registration of the FIR. 3.On the side of the respondent, it is stated that there were three persons injured and the injured had been discharged from the hospital 4.Taking into consideration all these factors and the period of incarceration, 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.V, Salem 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 daily 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.

30.10.2023 vkr To

1. The Judicial Magistrate No.V, Salem.

2. The Inspector of Police, Ammapet Police Station, Salem District.

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C.V.KARTHIKEYAN, J.

vkr

3. The Central Prison, Salem.

4. The Public Prosecutor, High Court of Madras.

Crl.O.P.No.24701 of 2023 30.10.2023 4/4