Venkatesan 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 Venkatesan S/o. Ayyanarappan ... Petitioner / Accused Vs.

State represented by The Inspector Police, F-3, Nungambakkam Police Station, Nungambakkam, Chennai.

(Crime No.202 of 2023)

...Respondent

Prayer: Criminal Original Petition filed under Section 439 of Cr.P.C. praying to enlarge the Petitioner on bail pending in Crime No.202 of 2023 on the file of the respondent police with terms and conditions. For Petitioner : Mr.R.Sivakumar For Respondent : Mr.R.Kishore Kumar Government Advocate (Crl. Side) 1/4

ORDER

The petitioner seeks bail in Crime No.202 of 2023, registered for the offences punishable under Sections 342, 294(b), 323, 324, 307 & 506(ii) of IPC. The petitioner had been taken into custody on 05.10.2023. 2.It is stated that there was a marital dispute between the petitioner and the defacto complainant, leading the petitioner to assault and he had committed the offence with scissor.

3.It is stated that the defacto complainant however had been discharged from the hospital.

4.Taking into consideration the fact 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 XIV Metropolitan Magistrate, Egmore, 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 10.30 a.m., Afternoon at 2.30 p.m., and Evening at 5.30 p.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.

10.11.2023 ata C.V.KARTHIKEYAN.

J.

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To 1.The XIV Metropolitan Magistrate, Egmore.

2.Central Prison, Puzhal, Chennai.

3.The Inspector Police, F-3, Nungambakkam Police Station, Nungambakkam, Chennai.

2.The Public Prosecutor, High Court of Madras.

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