Rangadurai v. The State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 13.12.2023

CORAM

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

The State represented by The Inspector of Police, Pochampalli Police Station, Krishnagiri District.

(Crime No.123 of 2019) ... Respondent PRAYER: Criminal Original Petition filed under Section 439 of Cr.P.C., prayed to enlarge the petitioner on bail in S.C.No.49 of 2023, now pending on the file of the Additional District Sessions Judge, Krishnagiri. For Petitioner : Mr.E.Kannadasan For Respondent : Mr.R.Kishore Kumar Government Advocate (Crl. Side) 1/4

ORDER

The petitioner seeks bail in S.C.No.49 of 2023, now pending before the Additional District Sessions Judge, Krishnagiri. Originally, Crime No.123 of 2019, had been registered by the respondent police for the offences punishable under Sections 147, 148, 294(b), 323, 324 & 506(ii) of IPC and Section 3 of TNPPDL Act.

2.The petitioner had been earlier granted bail but had taken a decision to abscond judicial process and therefore, a Non-bailable Warrant was issued on 02.09.2023 and the petitioner was secured only on 07.11.2023. 3.The learned counsel for the petitioner stated that this was the first time that the petitioner was not able to go to the Court but however, there are totally 18 accused and if one by one or everybody take the opportunity of absconding then the trial can never proceed.

4.Taking into consideration all these factors, 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 his executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two fresh sureties, each for a like sum to the satisfaction of the 2/4

Additional District Sessions Judge, Krishnagiri, and on further conditions that :- [a] 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 his identity. [b] the petitioner shall appear before the Additional District Sessions Judge, Krishnagiri, till completion of trial, apart from the Court hearing dates.

[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 Judicial Magistrate No.I, Krishnagiri.

2.The Additional District Sessions Judge, Krishnagiri. 3.The Inspector of Police, Pochampalli Police Station, Krishnagiri District.

4.The Sub-jail, Krishnagiri.

5. The Public Prosecutor, High Court of Madras.

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