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Madras High CourtCRL OP/25475/2023granted

Anand @ Anandraj @ Arappu Anand v. Inspector Of Police

2023-11-07Honourable Mr Justice C.V. Karthikeyan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 07.11.2023

CORAM

THE HON'BLE MR. JUSTICE C.V.KARTHIKEYAN Anand @ Anandraj @ Arappu Anand ... Petitioner/Accused-4 Vs.

State by The Inspector of Police, H-6, R.K.Nagar Police Station, Chennai - 600 021.

(Crime No.405 of 2022)

...Respondent

Prayer: Criminal Original Petition filed under Section 439 of Cr.P.C. praying to enlarge the Petitioner on bail concerned in Crime No.405 of 2022 on the file of the respondent police.

For Petitioner : Mr.K.Thenrajan For Respondent : Mr.R.Kishore Kumar Government Advocate (Crl. Side) 1/4

ORDER

The petitioner seeks bail in Crime No.405 of 2022, registered by the respondent police for the offences punishable under Sections 399 & 402 of IPC. The petitioner had been remanded to judicial custody on 11.09.2023.

2.One objection raised by the respondent is that the occurrence took place on 04.07.2022 and after 12 months, the petitioner had been secured.

3.It is stated that the petitioner had attempted to commit dacoity and other accused had been released on bail.

4.Taking into consideration all these factors, I am inclined to grant bail to the petitioner subject to the following 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 XV Metropolitan Magistrate Court, George Town, Chennai, and on further conditions that:

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[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 everyday Morning at 10.00 a.m., Afternoon at 2.00 p.m., and Evening at 6.00 p.m., until further orders. The said condition should not be relaxed for the next 90 days.

[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.

07.11.2023 ata 3/4

C.V.KARTHIKEYAN.

J.

ata To

1. The XV Metropolitan Magistrate Court, George Town, Chennai. 2.The Central Prison, Puzhal, Chennai.

3.The Inspector of Police, H-6, R.K.Nagar Police Station, Chennai-600 021.

4.The Public Prosecutor, High Court of Madras.

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