Ramesh Kumar v. The State Represented By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 24.01.2022
CORAM:
THE HON'BLE MRS.JUSTICE T.V.THAMILSELVI Crl.O.P.No.1453 of 2022
1. Ramesh Kumar
2. Srinivasan ... Petitioners Vs.
State rep by the Inspector of Police, Perumanallur Police Station, Tiruppur District.
[Crime No.915/2021] ... Respondent PRAYER: Criminal Original Petition has been filed under Section 439 of Cr.P.C praying to enlarge the petitioners on bail pertaining to Crime No.915 of 2021 on the file of the respondent police. For Petitioners : Mr.J.Franklin For Respondent : Mr.A.Gokula Krishnan Additional Public Prosecutor
ORDER
The petitioners who were arrested and remanded to judicial custody on 31.12.2021 for the offences under Sections 395 r/w, 397 of IPC in Crime No.915 of 2021, on the file of the respondent police, seeks bail.
2. The case of the prosecution is that on the date of occurrence, when the defacto complainant and his wife in his house, the petitioners along with others entered into his house with Arival and knife and threatened the defacto complainant by showing the same and robbed a sum of Rs.85,000/- from him and left him in a life threat. Hence, the complaint.
3. The learned counsel for the petitioners submits that the petitioners have not committed any offence as alleged by the prosecution and they have been falsely implicated in this case and that they have been suffering incarceration for a period of 25 days
from 31.12.2021. However, on instructions, he submits that the petitioners without prejudice to their rights, on their own volition, are ready to deposit a sum Rs.30,000/- (Rs.15,000/- each) to the credit of Crime No.915 of 2021.
4.The learned Government Advocate raised objection stating that the petitioners along with others entered into his house with Arival and knife and threatened the defacto complainant by showing the same and robbed a sum of Rs.85,000/- from him and left him in a life threat. He further submits that there are two previous cases as against the first petitioner which are similar in nature . He further submits that the alleged amount not yet recovered.
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 petitioners and also the fact that the petitioners are ready to deposit a sum of Rs.30,000/- (Rs.15,000/- each) to the credit of Crime No.915 of 2021, this Court is inclined to grant bail to the petitioners with certain conditions; (a) the Petitioners are ordered to be released on bail on executing their own bonds for a sum of Rs.10,000/- (Rupees ten thousand only) each, before the Superintendent of the concerned prison, in which the Petitioners have been confined and thereafter on their release;
(b) the petitioners are directed to deposit a sum of Rs.30,000/- [Rupees Thirty Thousand only (Rs.15,000/- each) ] to the credit of Crime No.915 of 2021 before the learned District Judicial Magistrate, Avinashi and on such deposit, the defacto complainant is permitted to withdraw the said deposit amount of Rs.30,000/- on proper identification and acknowledgment;
(c) the petitioners shall execute two sureties for a sum Rs.10,000/- (Rupees Ten Thousand only) each, before the learned District Judicial Magistrate, Avinashi 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; (d)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; (e) the petitioners shall report before the respondent police on every Wednesday and Saturday at 10.30 a.m. until further orders; (f)the petitioners shall not tamper with evidence or witness either during investigation or trial;
(g) the petitioners 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 petitioners in accordance with law as if the conditions have been imposed and the petitioners are 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/- 24/01/2022 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, AVINASHI.
2 THE CHIEF JUDICIAL MAGISTRATE TIRUPPUR [FOR INFORMATION].
3 THE INSPECTOR OF POLICE, PERUMANALLUR POLICE STATION, TIRUPPUR DISTRICT.
4 THE SUPERINTENDENT, CENTRAL PRISON, COIMBATORE.
5 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
CC to M/S. J.FRANKLIN Advocate on payment of necessary charges CRL OP.1453/2022 Date :24/01/2022 JPA 25/01/2022