Seenivash @ Seenu v. The State - Represented By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 12.01.2022

CORAM:

THE HON'BLE MRS.JUSTICE T.V.THAMILSELVI Crl.O.P.No.848 of 2022 Seenivash @ Seenu ..Petitioner Vs.

State by: The Sub Inspector of Police, Santhavasal Police Station, Thiruvannamalai District.

(Crime No.892 of 2021)

...Respondent

PRAYER: Criminal Original Petition has been filed under Section 439 of Cr.P.C. praying to enlarge the petitioner on bail in Crime No.892 of 2021 on the file of the respondent police. For Petitioner : Mr.M.Kumar For Respondent : Mr.N.S.Suganthan Government Advocate (Crl. Side)

ORDER

(The case has been heard through video conference) The petitioner, who was arrested and remanded to judicial custody on 13.11.2021 for the offences under Section 399 of IPC in Crime No.892 of 2021, on the file of the respondent police, seeks bail.

2. The case of the prosecution is that on 12.11.2021 at about 15.00 Hrs., when the Sub-Inspector of Police along with his police party was on their regular patrol duty, found that the petitioner and others preparing to commit dacoity. Hence, the complaint. 3.The learned counsel for the petitioner would submit that the petitioner is no way connected with the alleged offence and he has been falsely implicated in this case. He further submits that the petitioner has been suffering incarceration for more than 60 days from 13.11.2021. Hence, he would pray for grant of bail to the petitioner.

4.The learned Government Advocate (Crl. Side) would raise strong objection stating that there are totally 5 accused involved in this case and the petitioner is arrayed as A1 and he has got 3 previous cases out of which, one case is for Section 302 IPC. He would further submit that the other accused/A2 to A5 are still absconding.

5. Considering the above facts and circumstances of the case and considering the incarceration period suffered by the petitioner, this Court is inclined to grant bail to the petitioner with certain conditions.

(a) Accordingly, the petitioner is ordered to be released on bail on executing his own bond for a sum of Rs.10,000/- (Rupees ten thousand only), before the Superintendent of the concerned prison, in which the Petitioner has been confined and thereafter on his release; (b) the petitioner shall execute two sureties for a sum of Rs.10,000/- (Rupees Ten Thousand only) each, before the learned Judicial Magistrate, Polur, Thiruvannamalai District within 15 days from the date of commencement of the Court's normal functioning, failing which the bail granted by this Court shall stand dismissed automatically;

(c) 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; (d) the petitioner shall report before the respondent police daily at 10.30 a.m. until further orders.

(e) the petitioner shall not commit any offences of similar nature;

(f) the petitioner shall not abscond either during investigation or trial;

(g) the petitioner shall not tamper with evidence or witness either during investigation or trial;

(h) 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];

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

-sd/- 12/01/2022 This order, on being produced, be punctually observed and carried into execution by all concerned TRUE COPY Sub-Assistant Registrar (Statistics/C.S.) High Court, Madras - 600 104.

TO 1 THE JUDICIAL MAGISTRATE, POLUR, THIRUVANNAMALAI DISTRICT.

2 THE CHIEF JUDICIAL MAGISTRATE THIRUVANNAMALAI DISTRICT. [FOR INFORMATION] 3 THE SUPERINTENDENT, CENTRAL PRISON, VELLORE, VELLORE DISTRICT.

4 THE SUB INSPECTOR OF POLICE, SANTHAVASAL POLICE STATION, THIRUVANNAMALAI DISTRICT.

5 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

+1 CC to M/S.M.KUMAR Advocate on payment of necessary charges SR.NO.610 CRL OP.848/2022 Date :12/01/2022 RW 19/01/2022