Jayakrishnan v. The State Rep.By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 01.12.2023

CORAM

THE HON'BLE MR. JUSTICE C.V.KARTHIKEYAN Jayakrishnan

...Petitioner

Vs.

The State represented by its The Inspector of Police, Arakonam Town Police Station, Ranipet District.

Crime No.367 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.367 of 2023 on the file of the respondent Police.

For Petitioner : Mr.T.N.Rangesh Kanna For Respondent : Mr.R.Kishore Kumar Government Advocate (Criminal Side)

ORDER

The petitioner/A2 who was arrested and remanded to judicial custody on 27.10.2023, registered by the respondent originally under 1/4

Sections 294(b), 323, 307 and 506(ii) of IPC in Crime No.367 of 2023, seeks bail.

2.It is stated that when the defacto complainant and his friend went to a shop at 10.30 p.m., the accused came there and demanded money and when he refused, assaulted him.

3.It is stated that the defacto complainant was in hospital for a considerable period of time and now he has been discharged. 4.A3 and A4 had been granted bail and A1 is a juvenile. 5.Taking all these factors into consideration and the period of incarceration, this Court is inclined to grant bail to the petitioner with certain conditions.

6.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 learned Judicial Magistrate, Arakonam and on further conditions that:

[a] the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the 2/4

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.

01.12.2023 vkr 3/4

C.V.KARTHIKEYAN.

J.

vkr To 1.The Judicial Magistrate, Arakonam.

2.The Central Prison, Vellore.

3.The Inspector of Police, Arakonam Town Police Station, Ranipet District.

4.The Public Prosecutor, High Court of Madras.

Crl.O.P.No.27287 of 2023 01.12.2023 4/4