Naan Rotti @ Arun 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 Naan Rotti @ Arun S/o. Sekar

...Petitioner/Accused

Vs.

The State rep. by The Inspector of Police, P-5, MKB Nagar Police Station, Chennai.

(Crime No.417 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.417 of 2023 on the file of respondent police on such terms and conditions. For Petitioner : Mr.B.Shankar For Respondent : Mr.R.Kishore Kumar Government Advocate (Crl. Side) 1/4

ORDER

The petitioner seeks bail in Crime No.417 of 2023, registered by the respondent police for the offences punishable under Sections 341, 294(b), 323, 392, 397 & 506(ii) of IPC. He had been taken into custody on 17.10.2023.

2.It is stated that the petitioner had waylaid the defacto complainant and had forcibly taken a sum of Rs.300/- at knife point. 3.It is also stated that there are twenty previous cases against the petitioner herein but the petitioner had also been granted bail in several of the other cases.

4.Taking into consideration all the facts, 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) with two sureties, each for a like sum to the satisfaction of the V Metropolitan Magistrate, Egmore, Chennai, and on further conditions that :- 2/4

[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 morning at 10.30 a.m., afternoon at 2.30 pm., and evening at 6.00 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.

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C.V.KARTHIKEYAN.

J.

ata To

1. The V Metropolitan Magistrate, Egmore, Chennai.

2. The Central Prison for Men, Puzhal, Chennai. 3.The Inspector of Police, P-5, MKB Nagar Police Station, Chennai.

4.The Public Prosecutor, High Court of Madras.

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