Madras High CourtCRL OP/4991/2021granted

E.Laksmanan v. State Rep By

2021-03-16Honourable Mr Justice V. Bharathidasan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 16.03.2021 CORAM :

THE HON'BLE MR. JUSTICE V.BHARATHIDASAN Crl.O.P.No.4991 of 2021 E. Laksmanan ... Petitioner Vs.

State Rep. by ... Respondent The Inspector of Police, T-10, Thirumulaivoyal Police Station, Ambattur District, Chennai.

(Crime No.56 of 2021) PRAYER: Criminal Original Petition is filed under Section 439 of Criminal Procedure Code to enlarge the petitioner on bail pending investigation in Crime No.56 of 2021 on the file of the respondent police.

For Petitioner : Mr. G. K. Tamilarasan For Respondent : Mrs. M. Prabhavathi, APP

ORDER

(The case has been heard through video conference) The Petitioner, who was arrested and remanded to judicial custody on 04.02.2021 for the offence punishable under Sections 147, 148, 341, 294(b), 323, 427, 336, 392, 397 and 506(ii) IPC in Crime No.56 of 2021, seeks bail.

2. Totally, there are 9 accused. The petitioner is arrayed as A2. The case of the prosecution is that on 02.02.2021, the petitioner along with other accused said to have waylaid the defacto complainant and robbed a sum of Rs.750/- at knife point and also criminally intimidated him. Hence, the complaint came to be registered.

3. The learned counsel for the petitioner would submit that the petitioner and the defacto complainant belong to same village. Due to previous enmity, a false case has been registered as against the petitioner. Hence, he seeks for grant of bail to the petitioner.

4. The learned Additional Public Prosecutor would submit that all the accused persons joined together and robbed a sum of Rs.750/- at knife point from the defacto complainant and also criminally intimidated him. Now, all the accused have been arrested and investigation is almost completed. There is no previous case pending as against the petitioner. Hence, she opposed to grant bail to the petitioner.

5. Considering the facts and circumstances of the case and the fact that investigation is almost completed and there is no previous case pending as against the petitioner and also considering the period of incarceration suffered by the petitioner, 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, Ambattur 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, on release from the prison, shall report before the respondent police daily at 10.30 a.m., for a period of two weeks and thereafter, as and when required for interrogation ; (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.

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

-sd/- 16/03/2021 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, AMBATTUR.

2 THE CHIEF JUDICIAL MAGISTRATE THIRUVALLUR. [FOR INFORMATION] 3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

4 THE INSPECTOR OF POLICE, T-10, THIRUMULLAIVOYAL POLICE STATION, AMBATTUR DISTRICT, CHENNAI.

5 THE OFFICER INCHARGE SUB JAIL, PONNERI.

+2 CC to M/S.G.K.TAMILARASAN Advocate on payment of necessary charges SR.NO.3421 CRL OP.4991/2021 Date :16/03/2021 TA-17/03/2021