T.Aravindhan v. State Rep.By Its

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 22.12.2023

CORAM

THE HON'BLE MR. JUSTICE C.V.KARTHIKEYAN T.Aravindhan S/o. Thangavel ... Petitioner/Accused Vs.

State by The Inspector of Police, CCD II Police Station, Cuddalore.

(Crime No.68 of 2023)

...Respondent

Prayer: Criminal Original Petition filed under Section 439 of Cr.P.C. praying to enlarge the Petitioner on bail concerned in Crime No.68 of 2023 on the file of the respondent police.

For Petitioner : Mr.Rajendraprasad.K For Respondent : Mr.R.Kishore Kumar Government Advocate (Crl. Side) 1/6

ORDER

The petitioner seeks bail in Crime No.68 of 2023, registered by the respondent police for the offences punishable under Section 420 of IPC r/w Section 66D of IT Act, 2008. The petitioner had been remanded to judicial custody on 07.10.2023.

2.The order would read in conjunction with the earlier order dated 23.11.2023.

3.This Court, by an order dated 23.11.2023, granted interim bail to the petitioner herein on condition that he would co-operate with the respondent and disclose the whereabouts of the other accused and also disclose the bank details to enable the respondent to proceed further with the investigation.

4.A status report has now been filed by the respondent that the petitioner is co-operating with the investigation and had given the bank details and also had given information about the other accused. 2/6

5.In view of the bonafide stated, the interim bail already granted by this Court dated 23.11.2023 is made absolute and the petitioner, who had surrendered before the Judicial Magistrate No.III, Cuddalore, is granted bail on the following condition:

6.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 Judicial Magistrate No.III, Court, Cuddalore, 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 petitioner shall continue to report before the respondent police 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.

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[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.

7.The learned Judicial Magistrate No.III, Cuddalore, may accept the same order but obtain further affidavits that they are willing for their bonds to be extended.

22.12.2023 ata 4/6

To

1. The Judicial Magistrate Court No.III, Cuddalore. 2.The Central Prison, Cuddalore.

3.The Inspector of Police, CCD II Police Station, Cuddalore.

4.The Public Prosecutor, High Court of Madras.

C.V.KARTHIKEYAN.

J.

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