K.Vimalkumar v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 08.12.2023

CORAM

THE HON'BLE MR. JUSTICE C.V.KARTHIKEYAN K.Vimalkumar

...Petitioner/Accused-4

Vs.

State represented by The Inspector of Police, Alangayam Police Station, Thirupathur District.

(Crime No.282 of 2023) ...Respondent PRAYER:

Criminal Original Petition is filed under Section 439 of Cr.P.C. praying to enlarge the petitioner on bail concerned in Crime No.282 of 2023 on the file of the respondent police on such terms and conditions. For Petitioner : Mr.C.Iyyappaaraj For Respondent : Mr.R.Kishore Kumar Government Advocate (Crl. Side) 1/6

ORDER

The petitioner/A4 seeks bail in Crime No.282 of 2023, registered by the respondent police for the offences under Section 447 of IPC and Section 3 of the TNPPDL Act, 1992. The petitioner had been remanded to custody on 25.10.2023.

2.It is stated that there was an existing dispute between the accused and the family of the defacto complainant. On 12.02.2022, the father of the defacto complainant was murdered by the members of the accused family. Owing to that particular dispute, there was further quarrel between the parties, the accused persons had damaged the CCTV Cameras fixed in the land of the defacto complainant. 3.The earlier bail application came up for consideration with respect to A1 and A3 and bail had been granted. 4.Taking into consideration all these facts and the period of 2/6

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 Judicial Magistrate - III, Thiruppathur, and on further conditions that: - [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 3/6

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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To

1. The Judicial Magistrate-III, Thiruppathur.

2. The Central Prison, Vellore.

3.The Inspector of Police, Alangayam Police Station, Thirupathur District.

4.The Public Prosecutor, High Court of Madras.

C.V.KARTHIKEYAN.

J.

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