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Madras High CourtCRL OP/1166/2022granted

Raja v. The Inspector Of Police

2022-01-20Honourable Mrs Justice T.V.Thamilselvi3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 20.01.2022

CORAM:

THE HON'BLE MRS.JUSTICE T.V.THAMILSELVI Crl.O.P.No.1166 of 2022 Raja

...Petitioner

Vs.

The Inspector of Police Polur Police Station Thiruvannamalai District Crime No.1098 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.1098 of 2021 on the file of the respondent.

For Petitioner : Mr.S.Sathish For Respondent : Mr.A.Gokulakrishnan Additional Public Prosecutor

ORDER

(The case has been heard through video conference) The petitioner who was arrested and remanded to judicial custody on 30.12.2021 for the offence under Section 399 IPC, in Crime No.1098 of 2021, on the file of the respondent police, seek bail.

2. The case of the prosecution is that on 30.12.2021, the petitioner along with other accused was planning to commit robbery. Hence, the complaint.

3.The learned counsel for the petitioner would submit that the petitioner has not committed any offence as alleged by the prosecution and he has been false implicated in this case and that he has been suffering incarceration for more than 20 days from 30.12.2021. Hence, he would pray for grant of bail to the petitioner. 4.The learned Additional Public Prosecutor would raise strong objection stating that the petitioner is arrayed as A5 and he along

with other accused was planning to commit robbery but admits that all the accused have been secured and that the investigation is almost completed.

5. Considering the facts and circumstances of the case and the fact that all the accused have been secured and that the investigation is almost completed and also considering the period of incarceration undergone 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, Tiruvannamalai 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 on every Monday and Saturday 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/- 20/01/2022 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, TIRUVANNAMALAI DISTRICT 2 THE CHIEF JUDICIAL MAGISTRATE TIRUVANNAMALAI DISTRICT .[FOR INFORMATION] 3 THE OFFICER INCHARGE, SUB JAIL, POLUR, TIRUVANNAMALAI DISTRICT 4 THE INSPECTOR OF POLICE POLUR POLICE STATION, TIRUVANNAMALAI DISTRICT 5 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

CC to S.SATHISH Advocate on payment of necessary charges CRL OP.1166/2022 Date :20/01/2022 RW 21/01/2022