Ajith v. State Represented By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 29.11.2023

CORAM

THE HON'BLE MR. JUSTICE C.V.KARTHIKEYAN Ajith

...Petitioner

Vs.

State by The Sub-Inspector of Police, Arakonam Taluk Police Station, Ranipet District.

(Crime No.210 of 2021)

...Respondent

PRAYER: Criminal Original Petition is filed under Section 439 of Cr.P.C. praying to release the petitioner on bail in the Crime No.210 of 2021 pending on the file of the respondent police on such terms and conditions.

For Petitioner : Mr.M.Gunasekaran For Respondent : Mr.R.Kishore Kumar Government Advocate (Crl. Side)

ORDER

The petitioner/A6 seeks bail in Crime No.210 of 2021, registered by the respondent police for the offences punishable under Sections 147, 1/4

148, 294(b), 506(ii) of IPC and under Section 3 of TN Public Property (Prevention, Damage & Loss) Act, 1992. The FIR had been registered on 30.06.2021 and the petitioner had been taken into custody on 04.11.2023.

2.It is the case of the prosecution that all the accused persons had gone over to a petrol bunk and had caused damage to the petrol bunk and a lorry which was parked there.

3.It is stated that some of the accused had also been granted anticipatory bail on condition to deposit a sum of Rs.25,000/- to the credit of Crime No.210 of 2021 before the Judicial Magistrate, Arakkonam. 4.Taking into consideration all these factors, 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 his executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) each with two sureties, each for a like sum to the satisfaction of the Judicial Magistrate, Arakkonam, Ranipet District and on further conditions that :- [a] the petitioner and the sureties shall affix his photographs and Left Thumb Impression in the surety bond and the Magistrate may obtain 2/4

a copy of his Aadhar card or Bank pass Book to ensure their identity. [b] the petitioner shall deposit a sum of Rs.20,000/- (Rupees Twenty Thousand only) to the credit of Crime No.210 of 2021 before the learned Judicial Magistrate, Arakkonam, Ranipet District. On such deposit, the learned Magistrate may hand over the amount to the defacto complainant.

[c] the petitioner shall report before the respondent police everyday at 10.00 a.m., until further orders.

[d] the petitioner shall not abscond either during investigation or trial.

[e] the petitioner shall not tamper with evidence or witness either during investigation or trial.

[f] 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].

[g] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.

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C.V.KARTHIKEYAN.

J.

vkr To

1. The Judicial Magistrate, Arakkonam, Ranipet District.

2. The Sub Jail, Arakkonam.

3.The Sub-Inspector of Police, Arakonam Taluk Police Station, Ranipet District.

4.The Public Prosecutor, High Court of Madras.

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