Siva v. The State Rep By Its,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 08.03.2021 CORAM :

THE HON'BLE MR. JUSTICE V.BHARATHIDASAN Crl.O.P.No.2476 of 2021 Siva ... Petitioner Vs.

State by The Inspector of Police, Vettavalam Police Station, Tiruvannamali Dt.

(Crime No.2564 of 2020) ... Respondent PRAYER: Criminal Original Petition is filed under Section 439 of Criminal Procedure Code to enlarge the petitioner on bail in Crime No.2564 of 2020 on the file of Respondent police. For Petitioner : M/s.M.Rebecca For Respondent : Mrs.M.Prabhavathi, Addl. Public Prosecutor

O R D E R

(The case has been heard through video conference) Totally, there are two accused and the petitioner is arrayed as A1. The petitioner, who was arrested and remanded to judicial custody on 31.12.2020 for the offence punishable under Sections 392 of I.P.C. in Crime No.2564 of 2020 on the file of respondent police, seeks bail.

2. The case of the prosecution is that on 08.10.2020, the petitioner along with other accused have snatched a chain from the defacto complainant in the early hours and ran away from the scene of occurrence. Hence, a criminal case has been registered against the petitioner and he was arrested and remanded to judicial custody on 31.12.2020. Now, seeking bail, the present petition has been filed.

3. The learned counsel appearing for petitioner would submit that the petitioner is an innocent person and he has been falsely implicated in the present case. On suspicion, the respondent police has implicated the petitioner as accused and the other arrested co-accused was released on bail. She would submit that he is in jail from 31.12.2020. Hence, she prayed to grant bail to the petitioner.

4. The learned Additional Public Prosecutor appearing for the respondent has strongly opposed this petition on the ground that the petitioner is habitual chain snatcher and having previous bad antecedents against him. She would submit that the other coaccused were arrested and released on bail. However, she opposed to grant bail to the petitioner.

5. I have heard and considered the rival submissions made by the learned counsel appearing for petitioner as well as learned Addl. Public Prosecutor appearing for respondent.

6. Taking into consideration of the fact that, now the investigation is almost completed, there is no bad antecedents against the petitioner and considering the period of incarceration suffered by the petitioner for more than three months, this Court is inclined to grant bail to the petitioner subject to the following conditions:

(a) 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, Tiruvannamalai and on further conditions that: (b) 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;

(c) the petitioner, after his release from prison, report before the respondent daily at 10.30 a.m. until further orders; (d) the petitioner shall not commit any offences of similar nature;

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

(f) the petitioner shall not tamper with evidence or witness either during investigation or trial;

(g) 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];

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

7. With the above directions, this Criminal Original Petition is ordered.

-sd/- 08/03/2021 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.II, TIRUVANNAMALAI.

2 THE CHIEF JUDICIAL MAGISTRATE TIRUVANNAMALAI [FOR INFORMATION] 3 THE SUPERINTENDENT, CENTRAL PRISON, VELLORE.

4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

5 THE INSPECTOR OF POLICE, VETTAVALAM POLICE STATION, TIRUVANNAMALAI DISTRICT.

+1CC to M/S.M.REBECCA Advocate on payment of necessary charges SR NO.2985 CRL OP.2476/2021 Date :08/03/2021 MK:09/03/2021