Ambethkar v. State Rep.By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 28.11.2023

CORAM

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

...Petitioner

Vs.

State represented by the The Inspector of Police, Thirukoilur Police Station, Kallakurichi District.

(Crime No.747 of 2023) ...Respondent PRAYER: Criminal Original Petition is filed under Section 439 of Cr.P.C. praying to enlarge the petitioner on bail in Crime No.747 of 2023 on the file of the respondent Police.

For Petitioner : Mr.G.Saravanabhavan For Respondent : Mr.R.Kishore Kumar Government Advocate (Crl. Side)

ORDER

The petitioner who was arrested and remanded to judicial custody on 31.10.2023 registered for the offences under Sections 294(b), 353 and 506(i) of IPC, in Crime No.747 of 2023, seeks bail. 1/4

2.The defacto complainant is an Office Assistant in Judicial Magistrate Court, Thirukoilur. It is stated that the petitioner either knowingly or unknowingly entered the Court through Judges entrance, which led a quarrel.

3.Taking all the factors into consideration and the period of incarceration by the petitioner, this Court is inclined to grant bail to the petitioner with certain 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 learned Judicial Magistrate, Thirukoilur, and on further conditions that:- [a] the sureties shall affix his photographs and Left Thumb 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 at 10.30 a.m., for a period of one week and thereafter as and when required for interrogation;

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[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.

28.11.2023 vkr To

1. The Judicial Magistrate, Thirukoilur.

2. The Central Prison, Cuddalore.

3. The Inspector of Police, Thirukoilur Police Station, Kallakurichi District.

4.The Public Prosecutor, High Court of Madras. 3/4

C.V.KARTHIKEYAN.

J.

vkr 28.11.2023 4/4