Sankar Ram @ Appu v. The State Rep By Sub Inspector Of Police
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.1173 of 2022 Sankar Ram @ Appu ... Petitioner Vs.
The State Rep. by Sub Inspector of Police, Namakkal Police Station, Namakkal District. ...Respondent (Crime No.1658 of 2021) PRAYER: Criminal Original Petition has been filed under Section 439 of Cr.P.C praying to grant bail for the petitioner herein in Crime No.1658 of 2021 on the file of the respondent. For Petitioner : Mr.Mohammed Hasain For Respondent : Mr.A.Gokula Krishnan Additional Public Prosecutor
ORDER
The petitioner who was arrested and remanded to judicial custody on 14.10.2021 for the offences under Sections 457 and 380 of IPC in Crime No.1658 of 2021, on the file of the respondent police, seeks bail.
2. The case of the prosecution is that on the date of occurrence, the petitioner along with other accused by lurking into the house of defacto complainant by night and committed theft over a valuable including jewels and laptop along with cash. Hence, the complaint.
3. The learned counsel for the petitioner submits that the petitioner has not committed any offence as alleged by the prosecution and he has been falsely implicated in this case and that he has been suffering incarceration for more than 95 days from 14.10.2021. However, on instructions, he submits that the petitioner is ready and willing to pay a sum of Rs.10,000/- to any Charitable Institute as may be directed by this Court and he would pray for grant of bail to the petitioner.
4.The learned Additional Public Prosecutor raised objection stating that the the petitioner herein is arrayed as A1 and he is having three previous cases pending as against the petitioner. He further submits that the investigation was almost completed.
5. Considering the facts and circumstances of the case and the submissions made by both counsel and also considering the period of incarceration undergone by the petitioner and the investigation was almost completed and also the fact that the petitioner has willfully and on his own volition agreed to contribute a sum of Rs.10,000/- for charitable purpose, this Court is inclined to grant bail to the petitioner with certain conditions;
(a) 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 is directed to deposit a sum of Rs.10,000/- (Rupees Ten thousand only) to the Registered Advocate Clerks Association, Namakkal District and on such deposit, the petitioner shall execute two sureties for a sum of Rs.10,000/- (Rupees Ten Thousand only), before the learned Judicial Magistrate No.1, Namakkal 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 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 Wednesday at 10.30 a.m. until further orders; (f)the petitioner shall not tamper with evidence or witness either during investigation or trial;
(g)the petitioner shall not abscond either during investigation or trial;
(h)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]; and;
(i)if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A 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 NO.I, NAMAKKAL.
2 THE CHIEF JUDICIAL MAGISTRATE, NAMAKKAL DISTRICT (FOR INFORMATION).
3 THE SUB INSPECTOR OF POLICE, NAMAKKAL POLICE STATION, NAMAKKAL DISTRICT.
4 THE PUBLIC PROSECUTOR, HIGH COURT, MADRAS.
5 THE SUPERINTENDENT, CENTRAL PRISON, SALEM.
6 THE REGISTERED ADVOCATE CLERK ASSOCIATION, NAMAKKAL DISTRICT.
+1 CC to M.MOHAMMED HASAIN Advocate on payment of necessary charges SR.NO.836 CRL OP.1173/2022 Date :20/01/2022 INBA~21/01/2022