M.Srinivasan v. The State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 29.01.2024

CORAM

THE HON'BLE MR. JUSTICE C.V.KARTHIKEYAN M.Srinivasan

...Petitioner/Accused-3

Vs.

State represented by The Inspector of Police, Sipcot Police Station, Ranipet District.

(Crime No.73 of 2014)

...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.19 of 2019 on the file of the Subordinate Court, Ranipet, Ranipet District, on such terms and conditions.

For Petitioner : Mr.K.Sathishkumar For Respondent : Mr.L.Baskaran Government Advocate (Crl. Side) 1/4

ORDER

The petitioner/A3 in S.C.No.19 of 2019, now pending before the Assistant Sessions Judge/Subordinate Judge, Ranipet, seeks bail. Originally, Crime No.73 of 2014 had been registered by the respondent for the offences under Sections 450, 394 r/w 397 of IPC. 2.A Non-bailable Warrant had been issued against the petitioner on 07.03.2022 and it had been executed on 06.06.2023. 3.It is stated that there are 11 previous cases against the petitioner herein. It is also stated that trial is posted on 02.02.2024 for examination of prosecution list witnesses and A2 in this case has died and other accused are appearing before the Court.

4.Taking all the factors into consideration, 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 condition to execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two fresh sureties (one surety must be blood relative of the petitioner), each for a like sum to the satisfaction of the 2/4

Assistant Sessions Judge/Subordinate Judge, Ranipet, Ranipet District, 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 Assistant Sessions Judge, Ranipet, 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.

[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.

29.01.2024 ata 3/4

C.V.KARTHIKEYAN.

J.

ata To

1. The Assistant Sessions Judge/Subordinate Judge, Ranipet, Ranipet District.

2. The Superintendent, Central Prison, Vellore.

3.The Inspector of Police, Sipcot Police Station, Ranipet District.

4.The Public Prosecutor, High Court of Madras.

29.01.2024 4/4