Disposed

Vivian Arthur v. State by

Madras HC30 Jan 2024CRL OP/1540/2024

Case brief

AI extract

What is this about?

Bail petition by A1 in a Section 392 IPC case involving interception of a two-wheeler, throwing chilli powder and robbing a gold chain and cash. Considering time in custody, recovery of cash and no previous cases, bail was granted with bond, sureties and daily police reporting conditions.

What did the court decide?

Petitioner released on bail on a Rs.10,000 bond with two sureties, subject to daily reporting and other conditions.

Vivian Arthur Vs State by — Bail and Remand | Madras HC (2024)

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Crl.O.P.No.1540 of 2024

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 30.01.2024

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CORAM

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

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Crl.O.P.No.1540 of 2024

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Vivian Arthur S/o. Anthony Dass

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...Petitioner/Accused

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Vs.

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State represented by The Inspector of Police, Nallanpillaipetral Police Station, Villupuram District.

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(Crime No.340 of 2023)

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...Respondent

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PRAYER: Criminal Original Petition is filed under Section 439 of Cr.P.C. praying to enlarge the petitioner on bail concerned in Crime No.340 of 2023 on the file of the respondent on such terms and conditions.

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For Petitioner : Mr.K.Bommuraj

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For Respondent : Mr.L.Baskaran Government Advocate (Crl. Side)

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https://www.mhc.tn.gov.in/judis

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Crl.O.P.No.1540 of 2024

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ORDER

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The petitioner/A1 in Crime No.340 of 2023, registered by the

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respondent police for the offence under Section 392 of IPC, seeks bail. The petitioner had been remanded to judicial custody on 23.10.2023.

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2.It is stated that A1 and A2 had intercepted the two-wheeler of the

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defacto complainant and thrown chilli powder in his face and robbed 20 grams of gold chain and cash of Rs.10,000/-.

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3.Taking into consideration the period of incarceration and the fact that there has been recovery of cash and there are no previous cases against the petitioner, I am inclined to grant bail to the petitioner subject to the following conditions:

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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 Judicial Magistrate, Gingee, and on further conditions that: -

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[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.

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[b] the petitioner shall report before the respondent police

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2/4

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https://www.mhc.tn.gov.in/judis

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Crl.O.P.No.1540 of 2024

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everyday at 10.30 a.m., until further orders.

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[c] the petitioner shall not abscond either during investigation or

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trial.

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[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].

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[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.

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30.01.2023

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ata

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C.V.KARTHIKEYAN. J.

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3/4 https://www.mhc.tn.gov.in/judis

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Crl.O.P.No.1540 of 2024

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ata

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The Judicial Magistrate, Gingee.

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The Superintendent, Sub-jail, Gingee.

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3.The Inspector of Police, Nallanpillaipetral Police Station, Villupuram District.

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4.The Public Prosecutor, High Court of Madras.

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Crl.O.P.No.1540 of 2024

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30.01.2024

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4/4 https://www.mhc.tn.gov.in/judis

Vivian Arthur v. State by

Case brief

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What did the court decide?

Vivian Arthur v. State by

Case brief

What is this about?

What did the court decide?

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