L.Prakash v. The State Rep By Its,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 24.02.2023 CORAM :
THE HON'BLE MRS. JUSTICE T.V.THAMILSELVI
1. L.Prakash, S/o. Lakshmanan
2. Satheeshkumar, S/o. Ramesh .. Petitioners Vs.
State represented by The Inspector of Police, Nallur Police Station, Thirupur.
(Crime No.720 of 2022) .. Respondent PRAYER: Criminal Original Petition has been filed under Section 439 of Cr.P.C. praying to enlarge the petitioners on bail in Crime No.720 of 2022 on the file of respondent police.
For Petitioners :
Mr.K.Sudakar For Respondent :
Mr.S.Vinoth Kumar Govt. Advocate (Crl. Side) 1/6
O R D E R
The petitioners, who were arrested and remanded to judicial custody on 19.01.2023 for the alleged offence under Sections 392 and 397 of I.P.C. in Crime No.720 of 2022 on the file of the respondent police, seek bail.
2. The case of prosecution is that on 06.12.2022 at about 3.45 p.m. when the defacto complainant and her husband were at home, the petitioners along with other accused entered into their house, and at knife point, they threatened them and also snatched her jewels. Hence, the complaint was registered against the petitioner.
3. The learned counsel appearing for petitioners would submit that as per the prosecution, only three persons were involved in the alleged occurrence, however, these petitioners are being friends of other accused, they have been added as a accused without any materials. He would submit that they are no way connected with the offence and they have not committed any of offence as alleged by the respondent police. He would also submit that they have been falsely implicated in this case and they 2/6
will abide by any condition that may be imposed by this court. He would also submit that the petitioners have been suffering incarceration for more than 46 days from 19.01.2023. Hence, he prayed to grant bail to the petitioners.
4. The learned Government Advocate (Crl. Side) appearing for respondent would submit that totally, there are 4 accused involved in this case and the petitioners are arrayed as A2 and A4. He would submit that one murder case was pending against them and the 1st petitioner is the person present in the scene of occurrence. He would also submit that if they are released on bail, they would hamper the investigation and tamper the witnesses and the investigation is almost completed. However, he would vehemently opposed to grant bail to the petitioners.
5. So far as 1st petitioner is concerned, as he is the person present in the scene of occurrence and he is having one previous case under Sec.302 of I.P.C. pending, this court is not inclined to grant bail to 1st petitioner.
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6. Considering the above facts and circumstances and also the fact that the investigation is almost completed, and co-accused was released on bail and on considering the period of incarceration undergone by the 2nd petitioner, this Court is inclined to grant bail to the 2nd petitioner with certain conditions.
7. Accordingly, the 2nd petitioner is ordered to be released on bail on executing separate bonds 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.IV, Tiruppur, and on further conditions that::
(a) 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;
(b) the 2nd petitioner shall stay at Ramanathapuram District and report before the Town Police Station, Ramanathapuram, daily at 10.30 a.m. for the period of six weeks.
(c) the 2nd petitioner shall not tamper with evidence or witness either during investigation or trial; (d) the 2nd petitioner shall not abscond either 4/6
during investigation or trial;
(e) on breach of any of the aforesaid conditions, the learned Magistrate/ Trial Court is entitled to take appropriate action against the 2nd petitioner in accordance with law as if the conditions have been imposed and the 2nd 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]; and;
(f) if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.
24.02.2023 rpp To 1.The Judicial Magistrate No.IV, Tiruppur.
2.The Inspector of Police, Nallur Police Station, Tiruppur.
3.The Superintendent of Prison, District Jail, Tiruppur.
4.The Public Prosecutor, High Court, Madras.
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T.V.THAMILSELVI , J.
rpp 24.02.2023 6/6