Murugaraj v. State Rep By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 02.02.2022
CORAM:
THE HON'BLE MRS.JUSTICE T.V.THAMILSELVI Crl.O.P.No.2393 of 2022 Murugaraj ... Petitioner Vs.
The State rep by The Inspector of Police, Ponnur Police Station Thiruvannamalai District (Crime No.384 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.384 of 2021 on the file of the Respondent police. For Petitioner : Mr.A.Saranraj For Respondent : Mr.N.S.Suganthan (Government Advocate Crl. Side)
O R D E R
(The case has been heard through video conference) The petitioner who was arrested and remanded to judicial custody on 29.09.2021 for the offences under Section 392 of IPC, in Crime No.384 of 2021, on the file of the respondent police, seeks bail.
2. The case of the prosecution is that on 25.09.2020, the petitioner waylaid the defacto complainant and snatched a gold chain weighing 1 3⁄4 sovereigns. 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 a false case has been foisted against him and that the petitioner has been suffering incarceration for more than 120 days from 29.09.2021. Hence, would pray for grant of bail to the petitioner.
4.The learned Government Advocate (Crl. Side) would raise objection stating that the petitioner is the sole accused and there are totally 15 previous cases against the petitioner but admits that the charge sheet has been filed and the same has been taken on file in C.C.No.1 of 2022 on the file of the learned Judicial Magistrate, Vandavasi.
5. Considering the fact that the charge sheet has been filed and the same has been taken on file 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, Vandavasi, Thiruvannamalai 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 daily at 10.30 a.m. until further orders except on Court hearing dates. Further, the petitioner shall also appear before the trial Court on all hearing dates without fail.
(e) the petitioner shall not commit any offences of similar nature;
(f) the petitioner shall not abscond during trial;
(g) the petitioner shall not tamper with evidence or witness during 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.
6.With the above directions, this Criminal Original Petition is ordered.
-sd/- 02/02/2022 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, VANDAVASI, THIRUVANNAMALAI DISTRICT.
2 THE CHIEF JUDICIAL MAGISTRATE THIRUVANNAMALAI [FOR INFORMATION] 3 THE SUPERINTENDENT, CENTRAL PRISON, VELLORE.
4 THE INSPECTOR OF POLICE, PONNUR POLICE STATION, THIRUVANNAMALAI DISTRICT.
5 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
+1CC to M/S A.SARANRAJ Advocate on payment of necessary charges SR.NO.1655 CRL OP.2393/2022 Date :02/02/2022 MK:03/02/2022