Balachandar v. The State Rep By Its Inspector Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 01.03.2022
CORAM:
THE HON'BLE MR.JUSTICE DR.G.JAYACHANDRAN Crl.O.P.No.3596 of 2022 Balachandar .. Petitioner Vs.
The State rep. by The Inspector of Police, Central Police Station, (Crime No.1533 of 2021) Tiruppur District .. 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.1533 of 2021 on the file of the respondent police. For Petitioner : Mr.K.S.Jeyaganeshan For Respondent : M/S.G.V.Kasthuri Additional Public Prosecutor ********
O R D E R
The petitioner, who was arrested and remanded to judicial custody on 22.12.2021 for the offences punishable under Sections 394 read with 397 of IPC in Crime No.1533 of 2021, on the file of the respondent police, seeks bail.
2. Learned Additional Public Prosecutor appearing for the respondent submitted that the petitioner was arrested on 22.12.2021 for the alleged offence of snatching cell phone of the defacto complainant at knife point. She opposed to grant bail to the petitioner on the ground that the petitioner is a habitual offender and 11 cases of similar nature is pending against the petitioner. If he is released on bail, he will continue to do the same.
3. As far as petitioner counsel is concerned, he states that the investigation almost completed and the alleged cell phone already been recovered. Since the substantial portion of the investigation
has been completed, the petitioner may be released on bail on any stringent conditions. Hence, this Court is inclined to grant bail to the petitioner subject to certain conditions. 3.Considering the rival submissions, the petitioner is ordered to be released on bail subject to the following conditions; (a) the petitioner shall execute a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) with two sureties, each for a like sum to the satisfaction of the learned Judicial Magistrate No.2, Tirupur.
(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 is directed to appear before the respondent police twice daily at 10.30 a.m. And 04.30 p.m. until further orders; (d) the petitioner shall not tamper with evidence or witness either during investigation or trial;
(e) 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];
(f) if the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.
It is open to the respondent police for cancellation of the bail granted, if the petitioner involves in similar nature of case in future.
-sd/- 01/03/2022 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.II, TIRUPPUR.
2 THE CHIEF JUDICIAL MAGISTRATE TIRUPPUR. [FOR INFORMATION] 3 THE SUPERINTENDENT, CENTRAL PRISON, COIMBATORE.
4 THE INSPECTOR OF POLICE, CENTRAL POLICE STATION, TIRUPPR DISTRICT.
5 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
+1 CC to M/S. K.S.JEYAGANESHAN Advocate on payment of necessary charges SR.NO. 3101 CRL OP.3596/2022 Date :01/03/2022 RW 02/03/2022