Ravi v. State Rep.By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 09.11.2023

CORAM

THE HON'BLE MR. JUSTICE C.V.KARTHIKEYAN Ravi ... Petitioner in Crl.O.P.No.24911 of 2023 Prasanth ... Petitioner in Crl.O.P.No.24900 of 2023 Gowtham ... Petitioner in Crl.O.P.No.24792 of 2023 Vs.

The State rep by The Inspector of Police, Vellavedu Police Station, Avadi, Thiruvallur District.

Crime No.617 of 2023 ... Respondent in all Crl.O.Ps COMMON PRAYER: Criminal Original Petitions filed under Section 439 of Cr.P.C., pleased to enlarge the petitioners / Accused on bail in Crime No.617 of 2023 on the file of the respondent Police. In Crl.O.P.Nos.24911 & 24900 of 2023 For Petitioner : Mr.R.Sasikumar In Crl.O.P.No.24792 of 2023 For Petitioner : Mr.V.Jayachandran 1/6

In all Crl.O.Ps.

For Respondent : Mr.R.Kishore Kumar Government Advocate (Crl.Side) COMMON ORDER The petitioners/A1 to A3, who were arrested and remanded to judicial custody on 03.10.2023, registered by the respondent Police for the offences under Section 399 of IPC, in Crime No.617 of 2023, seek bail. 2.It is stated by the respondent that when the respondent Police was on routine patrol duty near Piryambathu Ilangaliamman Temple, they found all the accused in an unlawful assembly and preparing to commit decoity.

3.The learned counsel for the petitioners stated that the petitioners are innocent and he also pointed out the long period of incarceration suffered by them.

4.On the side of the respondent, it is stated that A1 has two previous case and A2 also has two previous case and that there is no previous case against A3.

5.But, however, taking into consideration the period of incarceration, this Court is inclined to grant bail to the petitioners with 2/6

certain conditions.

6.Accordingly, the petitioners are ordered to be released on bail on condition to execute a separate 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.II, Poonamallee, 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 petitioners shall report before the respondent Police everyday at 10.30 a.m., until further orders ;

[c] the petitioners shall not abscond either during investigation or trial.

[d] the petitioners 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 petitioners in accordance with law as if the conditions have been imposed and the petitioners 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 3/6

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 Judicial Magistrate No.II, Poonamallee.

2. The Inspector of Police, Vellavedu Police Station, Avadi, Thiruvallur District.

3. The Central Prison, Puzhal.

4. The Public Prosecutor, High Court of Madras. 4/6

C.V.KARTHIKEYAN, J.

vkr 09.11.2023 5/6

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