R.Kaviyarasan v. State, Rep. By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 10.11.2023

CORAM

THE HON'BLE MR. JUSTICE C.V.KARTHIKEYAN R.Kaviyarasan S/o. Rajagopal ... Petitioner/Accused Vs.

State by The Inspector of Police, Thirumuruganpoondi Police Station, Tiruppur City.

(Crime No.741 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.741 of 2023 on the file of the respondent police with terms and conditions. For Petitioner : Mr.M.Vijayaragavan For Respondent : Mr.R.Kishore Kumar Government Advocate (Crl. Side) 1/4

ORDER

The petitioner seeks bail in Crime No.741 of 2023, registered by the respondent police for the offences punishable under Sections 294(b) & 307 of IPC. The petitioner had been taken into custody on 11.09.2023. 2.It is stated that the defacto complainant and the petitioner are both doing a construction work and staying in the construction place along with other workers.

3.It is stated that on 10.09.2023, there was a wordy quarrel, which escalated into violence, leading to committal of the offence. 4.Taking into consideration all these facts and that the injured had been discharged from the hospital, 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 Judicial Magistrate, Avinashi, and on further conditions that: [a] the sureties shall affix their photographs and Left Thumb 2/4

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 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.

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C.V.KARTHIKEYAN.

J.

ata To

1. The Judicial Magistrate, Avinashi.

2.The Sub-jail, Avinashi.

3.The Inspector of Police, Thirumuruganpoondi Police Station, Tiruppur City.

4.The Public Prosecutor, High Court of Madras.

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