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High CourtsSingle Bench(2023) 12 MAD CK 0064

Yogesh S/O. Ponnusamy vs State

Madras High Court · Decided on 12 December 2023

HON’BLE JUDGES
C.V.Karthikeyan, J
CASE NUMBER
Criminal Original Petition No. 27926 Of 2023

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Judgment

13 paragraphs · 325 words

C.V.Karthikeyan, J

1.

The petitioner/accused seeks bail in Crime No.30 of 2023, registered by the respondent police for the offences punishable under Sections 417, 376, 294(B) & 506(I) of IPC. The petitioner had been remanded to custody on 02.12.2023.

2.Let me not enter into a detailed discussion about the facts but it is clear that the defacto complainant is firm in her opinion and she has also filed an affidavit that the petitioner herein should marry her. The mother of the petitioner has also filed an affidavit.

3.In view of that particular statement, I am inclined to grant interim bail to the petitioner till 25.01.2024 with certain conditions:

(a) Accordingly, the petitioner is ordered to be released on interim 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 Judicial Magistrate, Harur, Dharmapuri District, and on further conditions that:

(b) the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the learned Magistrate may obtain a copy of their Aadhar Card or Bank Pass Book to ensure their identity;

(c) the petitioner should be surrender before the Judicial Magistrate, Harur, Dharmapuri District, on 25.01.2024.

(d) the petitioner shall not commit any offence.

(e) the petitioner shall not abscond during investigation.

(f) the petitioner shall not tamper with evidence or witness during investigation;

(g) on breach of any of the aforesaid conditions, the learned Judicial 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];

(h) if the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.

4.

List the matter again on 30.01.2024 for reporting compliance.