Balaji v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 27.11.2023

CORAM

THE HON'BLE MR. JUSTICE C.V.KARTHIKEYAN Balaji, S/o.Natrayan

...Petitioner/Accused-1

Vs.

State represented by The Inspector of Police, Saravanampatti Police Station, Coimbatore District.

(Crime No.521 of 2023)

...Respondent

PRAYER:

Criminal Original Petition is filed under Section 439 of Cr.P.C. praying to enlarge the petitioner on bail concerned in Crime No.521 of 2023 pending on the file of the respondent police on such terms and conditions.

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

ORDER

The petitioner/A1 seeks bail in Crime No.521 of 2023, registered by the respondent police for the offences punishable under Sections 4(2)(c), 3(2)(a), 5(1)(d) of ITP Act and 341, 392, 397 and 506(ii) of IPC. He had been arrested and remanded into judicial custody on 05.10.2023. 2.It is stated that all the three accused had called over the defacto complainant for having physical relationship and that threatened her and took away a sum of Rs.4,000/- at knife point. 3.It is also stated that there are also other cases against the petitioner but owing to the fact that A2 and A3 had been granted bail, I am inclined to grant bail to the petitioner subject to the following conditions:

4.Accordingly, the petitioner is ordered to be released on bail on his executing 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 Additional Mahila Court, Coimbatore and on further conditions that :- [a] the sureties shall affix his photographs and Left Thumb 2/4

Impression in the surety bond and the Magistrate may obtain a copy of his Aadhar card or Bank pass Book to ensure his identity. [b] the petitioner shall report before the respondent police everyday morning at 10.30 a.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.

27.11.2023 ata C.V.KARTHIKEYAN.

J.

ata 3/4

To

1. The Additional Mahila Court, Coimbatore.

2. The Central Prison, Coimbatore.

3.The Inspector of Police, Saravanampatti Police Station, Coimbatore District.

4.The Public Prosecutor, High Court of Madras.

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