Venkatesh v. The Sub-Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 22.03.2021 CORAM :

THE HON'BLE MR. JUSTICE V.BHARATHIDASAN Crl.O.P.No.5639 of 2021 Venkatesh ... Petitioner Vs.

The Sub Inspector of Police, ... Respondent Chinnasalem Police Station, Villupuram District.

Cr.No.1924 of 2020.

PRAYER: Criminal Original Petition is filed under Section 439 of Criminal Procedure Code to enlarge the petitioner on bail in in connection with Crime No.1924 of 2020, on the file of the respondent. For Petitioner : Mr.S. Saravana Kumar 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 30.12.2021 for the offence punishable under Section 380 and 457 of IPC in Crime No.1924 of 2020, seeks bail.

2. The petitioner is the sole accused in this case. The case of the prosecution is that the petitioner committed a theft of gold ornaments worth about Rs.80,000/- and cash to the tune of Rs.8,000/- from the defacto complainant's house. Hence, the complaint.

3. The learned counsel for the petitioner would submit that the the petitioner has been falsely implicated in this case and he has not committed any offence as alleged by the prosecution. He would further submit that the petitioner was in judicial custody for more than 70 days. Hence, he prays to grant bail to the petitioner.

4. The learned Additional Public Prosecutor appearing for the respondent would submit that the petitioner is a habitual offender and he has involved in many cases of house breaking and if he released on bail he will commit similar offence. She would further submit that now investigation is completed, final report has been filed and the matter was also taken cognizance. Hence, she opposed to grant bail to the petitioner.

5. Considering the facts and circumstance of the case and the fact that investigation is completed and final report has been filed 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 No.II, Kallakurichi 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 shall appear before the respondent police 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.

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

-sd/- 22/03/2021 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, KALLAKURICHI.

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

4 THE SUB-INSPECTOR OF POLICE CHINNASALEM POLICE STATION, VILLUPURAM DISTRICT.

+1 CC to M/S.S.SARAVANA KUMAR Advocate on payment of necessary charges SR.NO.3827 CRL OP.5639/2021 Date :22/03/2021 TA-23/03/2021