Dhanush v. State Rep.By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 15.12.2023

CORAM

THE HON'BLE MR. JUSTICE C.V.KARTHIKEYAN 1.Dhanush S/o. Eswaran 2.Yogesh S/o. Murugan

...Petitioner/Accused-1 & 2

Vs.

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

(Crime No.321 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.321 of 2023 on the file of the respondent police, on such terms and conditions. For Petitioner : Mr.M.P.Yuvaraj For Respondent : Mr.R.Kishore Kumar Government Advocate (Crl. Side) 1/4

ORDER

The petitioners/A1 and A2 seek bail in Crime No.321 of 2023, registered by the respondent police for the offences punishable under Section 392 of IPC. The petitioner had been remanded to judicial custody on execution of PT warrant on 11.09.2023.

2.It is stated that the accused persons had snatched gold chain of the defacto complainant.

3.Taking into consideration all other factors, I am inclined to grant bail to the petitioners subject to the following conditions: 4.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 sureties, each for a like sum to the satisfaction of the Judicial Magistrate No.II, Ulundurpettai 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. 2/4

[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.

15.12.2023 ata C.V.KARTHIKEYAN.

J.

3/4

ata To

1. The Judicial Magistrate No.II, Ulundurpettai.

2. The Central Prison, Cuddalore.

3.The Inspector of Police, Thiruvennainallur Police Station, Villupuram District.

4.The Public Prosecutor, High Court of Madras.

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