Arun Kumar 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 1.Arun Kumar S/o. Senthil Murugan 2.Gandhi S/o. Deivasigamani 3.Sakthivel S/o. Murugadoss ... Petitioners/Accused Vs.

The State represented by The Inspector of Police, Ananthapuram Police Station, Villupuram District.

(Crime No.369 of 2023) ... Respondent PRAYER: Criminal Original Petition filed under Section 439 of Cr.P.C., prayed to enlarge the petitioners on bail in Crime No.369 of 2023 on the file of the respondent police on such terms and conditions. For Petitioners : Mr.G.Mohammed Aseef For Respondent : Mr.R.Kishore Kumar Government Advocate (Crl. Side) 1/4

ORDER

The petitioners/A1, A3 and A4 seek bail in Crime No.369 of 2023, registered by the respondent police for the offences punishable under Section 392 of IPC.

2.It is stated that A1 had been taken into custody on 05.11.2023 and A3 and A4 had been taken into custody earlier on 26.10.2023. 3.It is the case of the prosecution that all the accused had waylaid the defacto complaint and took away a sum of Rs.1,800/- and further asked him to transfer a sum of Rs.5,000/- through G-pay. The amount had been recovered.

4.Taking all these factors into consideration and the period of incarceration, I am inclined to grant bail to the petitioner subject to the following conditions:

5.Accordingly, the petitioners are ordered to be released on bail on condition to execute separate bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) each with two fresh sureties, each for a like sum to the satisfaction of the Judicial Magistrate, Gingee, and on further conditions that: - 2/4

[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 petitioners shall report before the respondent police everyday at 10.30 a.m., until further orders. [c] the petitioners shall not abscond either during investigation or trial.

[d] the petitioners 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 petitioners in accordance with law as if the conditions have been imposed and the petitioners 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 Judicial Magistrate, Gingee.

2.The Inspector of Police, Ananthapuram Police Station, Villupuram District.

3.The District Jail, Villupuram.

4. The Public Prosecutor, High Court of Madras.

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