Ganesh @ Chillarai Ganesh v. Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 29.11.2023

CORAM

THE HON'BLE MR. JUSTICE C.V.KARTHIKEYAN Ganesh @ Chillaraj Ganesh

...Petitioner

Vs.

State rep by The Inspector of Police, T-1, Ambattur Police Station (L&O), Chennai.

(Crime No.1040 of 2023)

...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.1040 of 2023 pending on the file of the respondent police. For Petitioner : Mr.S.Senthil Kumar For Respondent : Mr.R.Kishore Kumar Government Advocate (Crl. Side)

ORDER

The petitioner, who was arrested and remanded to judicial custody on 15.10.2023 for the offences punishable under Sections 341, 294(b), 1/4

336, 427, 392, 397 and 506(ii) of IPC, in Crime No.1040 of 2023 on the file of the respondent Police, seeks bail.

2.The case of the prosecution is that all the three accused had threatened and robbed a sum of Rs.500/- from the defacto complainant. 3.It is stated by the respondent that there is one previous case registered under NDPS Act against the petitioner. 4.Taking into consideration the period of incarceration and all other factors, this Court is 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, Ambattur, Chennai, 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 a copy of his Aadhar card or Bank pass Book to ensure their identity. [b] the petitioner shall report before the respondent police everyday at 10.00 a.m., until further orders.

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

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[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.

29.11.2023 vkr To

1. The Judicial Magistrate, Ambattur, Chennai.

2. The Central Prison II, Puzhal, Chennai.

3.The Inspector of Police, T-1, Ambattur Police Station (L&O), Chennai.

4.The Public Prosecutor, High Court of Madras.

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C.V.KARTHIKEYAN.J vkr 29.11.2023 4/4