Subburu v. State Rep By

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.1229 of 2022 Subburu ... Petitioner Vs.

The State Rep. By

...Respondent

Inspector of Police, Kolathur Police Station, Salem District.

(Crime No.454 of 2021) PRAYER: Criminal Original Petition has been filed under Section 439 of Cr.P.C praying to enlarge the petitioner on bail in Crime No.454 of 2021 on the file of the respondent.

For Petitioner : Mr.C.Deepak Kumar For Respondent : Mr.A.Gokula Krishnan Additional Public Prosecutor

ORDER

The petitioner who was arrested and remanded to judicial custody on 26.12.2021 for the offences under Sections 5 and 6 of Explosives Substances Act, 1908 in Crime No.454 of 2021, on the file of the respondent police, seeks bail.

2. The case of the prosecution is that on the date of occurrence, based on the secret information with regards to Explosives Substances, they conduct search on the petitioner/A1 and co-accused/A2s' house, they found that without permission or license, the petitioner was found in illegal possession of electric detonator-44 Nos, in his house. Hence, the complaint.

3. The learned Counsel for the petitioner submits that the petitioner has not committed any such offence as alleged by the prosecution and he has been falsely implicated in this case. He further submits that the petitioner is having licence for possessing and carrying electric detonator . He further submits that the

petitioner was suffering incarceration for 25 days from 26.12.2021. Hence, he seeks to grant bail to the petitioner.

4. The learned Additional Public Prosecutor would raise objection stating that the petitioner was found in illegal possession of electric detonator-44 Nos, in his house without permission or license. He further submits that the property was seized by the respondent police and the investigation was almost completed.

5. Considering the facts and circumstances of the case and also the fact that the investigation was almost completed and the property was recovered and also considering the period of incarceration undergone by the petitioner , this Court is inclined to grant bail to the petitioner with 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 shall execute two sureties each like sum for a sum of Rs.10,000/- (Rupees Ten Thousand only), before the Judicial Magistrate No.1, Mettur, 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;

[e] the petitioner shall not tamper with evidence or witness either during investigation or trial; [f]the petitioner shall not abscond either during investigation or trial;

[g]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;

[h]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, METTUR, SALEM.

2 THE CHIEF JUDICIAL MAGISTRATE SALEM. [FOR INFORMATION] 3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

4 THE INSPECTOR OF POLICED, KOLATHUR POLICE STATION, SALEM DISTRICT.

5 THE SUPERINTENDENT, CENTRAL PRISON, SALEM.

CC to M/S.C.DEEPAK KUMAR Advocate on payment of necessary charges CRL OP.1229/2022 Date :20/01/2022 TA-21/01/2022