Venkatesan v. State Rep.By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 07.12.2023

CORAM

THE HON'BLE MR. JUSTICE C.V.KARTHIKEYAN Venkatesan S/o. Ramachandran ... Petitioner/Accused Vs.

The State represented by The Inspector of Police, K-4, Anna Nagar Traffic Investigation Wing, Anna Nagar, Chennai.

(Crime No.220/TIW of 2023) ... Respondent PRAYER: Criminal Original Petition filed under Section 439 of Cr.P.C., prayed to enlarge the petitioner on bail in Crime No.220/TIW of 2023 on the file of the respondent police on such terms and conditions. For Petitioner : Mr.R.Prabudoss For Respondent : Mr.R.Kishore Kumar Government Advocate (Crl. Side) 1/4

ORDER

The petitioner seeks bail in Crime No.220/TIW of 2023, registered by the respondent police for the offences punishable under Sections 279, 308 & 337 of IPC r/w Section 185 of Motor Vehicle Act. The petitioner had been taken into custody on 21.11.2023.

2.It is stated that the petitioner herein, under the influence of alcohol, had driven his two-wheeler rashly and had caused injuries to the defacto complainant, who was a Traffic Constable. 3.It is also stated that the injured had been discharged from the hospital.

4.Taking into consideration the period of incarceration, 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 condition to execute 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 VI Metropolitan Magistrate Court, Egmore, Chennai, and on further conditions that:

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[a] the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity. [b] the petitioner shall report before the respondent police everyday at 10.30 a.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 VI Metropolitan Magistrate Court, Egmore, Chennai. 2.The Inspector of Police, K-4, Anna Nagar Traffic Investigation Wing, Anna Nagar, Chennai.

3.The Central Prison, Puzhal, Chennai.

4. The Public Prosecutor, High Court of Madras.

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