Petitioner sought bail for offences including attempted murder and assault. Court granted bail considering the victim's discharge and period of incarceration.
Petitioner ordered to be released on bail on bond of Rs. 10,000 with two sureties subject to specific conditions.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Crl.O.P.No.8873 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 25.04.2023
CORAM
THE HON'BLE MR. JUSTICE A.D.JAGADISH CHANDIRA
Crl.O.P.No.8873 of 2023
Vijay @ Monkey Vijay
... Petitioner
Vs.
The State represented by, The Inspector of Police, P-2, Otteri Police Station, Otteri, Chennai - 12.
(Crime No.84 of 2023).
... Respondent
PRAYER: Criminal Original Petition filed under Section 439 of Cr.P.C.,
pleased to enlarge the petitioner/accused on bail, in connection with the Crime No.84 of 2023, pending investigation on the file of the respondent Police.
For Petitioner : Mr.K.V.Kalaivanan For Respondent : Mr.C.E.Pratap Government Advocate (Crl.Side)
O R D E R
Crl.O.P.No.8873 of 2023
The petitioner, who was arrested and remanded to judicial
custody on 02.03.2023, for the offences punishable under Sections 341,
294(b), 324, 307 & 506(ii)IPC, in Crime No.84 of 2023, on the file of the respondent police, seeks bail.
Crl.O.P.No.8873 of 2023
custody from 02.03.2023. He also submitted that similarly placed co-accused have been granted bail by the learned Principle Sessions Judge, Chennai in Crl.M.P.No.8565 of 2023 dated 12.04.2023. He also submitted that the petitioner is ready to abide by any other stringent conditions that may be imposed by this Court, hence, he prayed for grant of bail to the petitioner.
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Crl.O.P.No.8873 of 2023
case, the submissions made by the learned counsel on either side and taking note of the fact that the injured has been discharged from the hospital and also considering the period of incarceration undergone by the petitioner, this Court is inclined to grant bail to the petitioner with certain conditions.
his executing 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 learned X
Metropolitan Magistrate, Egmore, 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 respondent Police, everyday at 09.00 a.m. and 6.30p.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,
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Crl.O.P.No.8873 of 2023
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 abscond, a fresh FIR can be registered under Section 229A IPC.
25.04.2023
ham
To
A.D.JAGADISH CHANDIRA.,J.
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Crl.O.P.No.8873 of 2023
ham
Crl.O.P.No.8873 of 2023
25.04.2023
1 issue framed by the court
Whether the petitioner should be released on bail in a case involving offences under Sections 341, 294(b), 324, 307, and 506(ii) IPC.
Colour shows how this judgement treated each authority
P.K.Shaji vs. State of KeralaApplied¶48
P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560] · Who else cites this
1 provisions across 1 enactments
Vijay @ Monkey Vijay
The State represented by The Inspector of Police, P-2, Otteri Police Station
A.D.JAGADISH CHANDIRA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
