Ranjith @ Ranjithkumar v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 20.12.2023

CORAM

THE HON'BLE MR. JUSTICE C.V.KARTHIKEYAN Ranjith @ Ranjithkumar

...Petitioner/Accused-3

Vs.

State represented by The Inspector of Police, D-4, Zambazar Police Station, Chennai.

(Crime No.9 of 2018) ...Respondent PRAYER:

Criminal Original Petition is filed under Section 439 of Cr.P.C. praying to enlarge the petitioner on bail concerned in S.C.No.234 of 2019 on the file of the XX Additional Sessions Judge, Chennai, on such terms and conditions.

For Petitioner : Mr.K.Vignesh For Respondent : Mr.R.Kishore Kumar Government Advocate (Crl. Side) 1/6

ORDER

The petitioner is A3 in S.C.No.234 of 2019, now pending before the XX Additional Sessions Judge at Chennai, seeks bail. Originally, Crime No.9 of 2018 had been registered by the respondent police for the offences punishable under Sections 147, 148, 450, 307 r/w 149 of IPC. 2.The petitioner had been granted bail but for reasons best known to him, he absconded appearing before the Court on 24.04.2023. 3.The learned counsel for the petitioner states that the mother of the petitioner died. The respondent had secured the petitioner on 18.07.2023.

4.The earlier application seeking bail in Crl.O.P.No.26509 of 2023 was dismissed on 22.11.2023.

5.The one change in circumstance is that A4, who was also absconding had now been secured. This would mean that all the accused are now submitted themselves to judicial process. 2/6

6.Taking that particular change in circumstance into consideration that all the accused have now been secured, I am inclined to grant bail to the petitioner subject to the following conditions; 7.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 fresh sureties, each for a like sum to the satisfaction of the XX Additional Judge, Chennai, 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 appear before the XX Additional Sessions Judge, Chennai, where S.C.No.234 of 2019 is pending, on every Monday at 10.30 a.m., 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.

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[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.

20.12.2023 ata 4/6

To

1. The XX Additional Judge, Chennai.

2. The Central Prison, Puzhal, Chennai.

3.The Inspector of Police, D-4, Zambazar Police Station, Chennai.

4.The Public Prosecutor, High Court of Madras.

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C.V.KARTHIKEYAN.

J.

ata 20.12.2023 6/6