← Library
Madras High CourtCRL OP/1298/2023granted

Ravi @ Enok Ravi v. The State Rep By Its

2023-01-23Honourable Mrs Justice T.V.Thamilselvi6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 23.01.2023 CORAM :

THE HON'BLE MRS. JUSTICE T.V. THAMILSELVI Ravi @ Enok Ravi, S/o.Denial Kathiravan ... Petitioner Vs.

The State rep. by The Inspector of Police, Sooramangalam Police Station, Salem Dt.

(Crime No.808 of 2022) ... Respondent PRAYER: Criminal Original Petition is filed under Section 439 of Criminal Procedure Code to enlarge the petitioner on bail in Crime No.808 of 2022 pending on the file of respondent police. For Petitioner : Mr.T.M.Ramalingam For Respondent : Mr.S.Vinoth Kumar, Govt. Advocate (Crl.Side.) 1/6

O R D E R

The petitioner, who was arrested and remanded to judicial custody on 30.12.2022 for the alleged offence under Sections 341, 392, 397 and 506(ii) of I.P.C. in Crime No.808 of 2022 on the file of the respondent police, seeks bail.

2. The case of prosecution is that on 30.12.2022 at about 06.00 hrs., when the defacto complainant going near Old Sooramangalam, the petitioner waylaid him and at knife point, snatched a sum of Rs.700/- from him and also intimidated him. Hence, the complaint was registered against the petitioner.

3. The learned counsel appearing for petitioner submitted that the entire allegation is false, vindictive, wanton and he is no way connected with the offence. He would submit that he has not at all committed any of offence as alleged by the respondent police and due to previous enmity, he has been falsely implicated in this case and he will abide by any condition that may be imposed by this court. He would further submit that the investigation is almost completed and that the petitioner has been 2/6

suffering incarceration for more than 23 days from 30.12.2022. Hence, he prayed to grant bail to the petitioner.

4. The learned Government Advocate (Crl. Side) appearing for respondent would submit that he is the sole accused and totally, there are 5 previous cases similar in nature pending against him. He would submit that when the defacto complainant going nearby the place of occurrence, the petitioner way laid him and at knife point snatched a sum of Rs.700/- and criminally intimidated him. He would submit that that if he is released on bail, he would tamper the witnesses and hamper the investigation and the investigation is almost completed. Hence, he vehemently opposed to grant bail to the petitioner.

5. Considering the above facts and circumstances, and also considering the fact that the investigation almost completed and also considering the period of incarceration undergone by the petitioner, this Court is inclined to grant bail to the petitioner subject to the following conditions:

3/6

6. Accordingly, the petitioner is ordered to be released on bail on condition to execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties each, for a like sum to the satisfaction of the learned Judicial Magistrate No.II, Salem, and on further conditions that:

(a) 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;

(b) the petitioner shall stay at Erode and report before the Town Police Station, Erode daily at 10.30 a.m. for the period of four weeks and thereafter, he shall report before the respondent police on every Wednesday at 10.30 a.m. for another period of two months;

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

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

(e) the petitioner shall not tamper with evidence or witness either during investigation or trial; (f) on breach of any of the aforesaid conditions, the learned Judicial Magistrate/Trial Court is entitled to take 4/6

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];

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

23.01.2023 rpp To

1. The Judicial Magistrate NO.II, Salem.

2. Inspector of Police, Sooramangalam Police Station, Salem.

3. The Superintendent of Prison, Central Prison, Salem.

4.The Public Prosecutor, High Court of Madras, Chennai.

5/6

T.V. THAMILSELVI, J.

rpp Crl.O.P.No. 1298 of 2023 23.01.2023 6/6