High CourtsSingle Bench(2023) 11 MAD CK 0068

Vijayakumar @ Viji @ Radio Viji vs State

Madras High Court · Decided on 6 November 2023

HON’BLE JUDGES
C.V.Karthikeyan, J
CASE NUMBER
Criminal Original Petition No. 25256 Of 2023

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Judgment

11 paragraphs · 390 words

C.V.Karthikeyan, J

1.

The petitioner seeks bail in Crime No.225 of 2023, registered by the respondent police for the offences punishable under Sections 294(b), 324, 307 & 506(ii) of IPC, with respect to an occurrence, which took place on 13.04.2023. Subsequent to investigation, the matter had been taken on file and is now pending before the Principal Sessions Court, Chennai, in S.C.No.545 of 2023.

2.

It is stated that previous bail application of the petitioner had been dismissed on 03.10.2023. At that time, the matter was pending before the XXII Metropolitan Magistrate, Egmore, Chennai. The Court had observed that it should be committed to Court of Sessions and now which had been committed.

3.

It is stated on behalf of the respondent that there are 14 previous cases pending as against the petitioner herein but however, taking the fact that the victim had been discharged from the hospital and the period of incarceration and that it is the duty of the prosecution to prove the charges against the petitioner herein, I am inclined to grant bail to the petitioner herein subject to the following conditions:

4.

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 XXII Metropolitan Magistrate, Egmore, 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 report before the Principal Sessions Court, Chennai, 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.