Ramkumar v. State Rep. By Its

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 07.11.2023

CORAM

THE HON'BLE MR. JUSTICE C.V.KARTHIKEYAN Ramkumar ... Petitioner/A1 Vs.

The State represented by The Inspector of Police, Vadavalli Police Station, Coimbatore.

... Respondent PRAYER: Criminal Original Petition filed under Section 439 of Cr.P.C., prayed to enlarge the petitioner on bail in Crime No.417 of 2022 on the file of the respondent police.

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

ORDER

The petitioner who was arrested and remanded to judicial custody on 29.10.2022 for the offences punishable under Sections 392, 397 and 34 of IPC in Crime No.417 of 2022 on the file of the respondent police seeks bail. 2.It is stated that the petitioner along with other accused persons had waylaid the defacto complainant and robbed the mobile phone. It is also stated that A2 and A3 had been granted bail and the petitioner herein had been in custody for more than of 340 days.

3.Taking into consideration the fact that A2 and A3 had appearing before the trial Court and the matter is now posted for framing of charges, this Court is inclined to grant bail to the petitioner.

4. Accordingly, the petitioner is ordered to be released on bail on executing 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.IV, Coimbatore 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 appear before the trial Court every Monday at 10.30 a.m till completion of trial apart from Court hearing dates.

[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.

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C.V.KARTHIKEYAN, J.

smv To

1. The Judicial Magistrate Court No- IV, Coimbatore.

2. The Inspector of Police, Vadavalli Police Station, Coimbatore.

3. The Central Prison, Coimbatore

4. The Public Prosecutor, High Court of Madras.

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