Vignesh v. State Rep By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 19.03.2021 CORAM :
THE HON'BLE MR. JUSTICE V.BHARATHIDASAN Crl.O.P.No.5480 of 2021 Vignesh ... Petitioner Vs.
State rep. by The Inspector of Police, Dusi Police Station, Tiruvannamalai Dt.
(Crime No.81/2021) ... Respondent PRAYER: Criminal Original Petition is filed under Section 439 of Criminal Procedure Code to enlarge the petitioner on bail in Cr.No.81 of 2021 on the file of the respondent Police. For Petitioner : Mr.M.Udhayakumar For Respondent : Mrs.M. Prabhavathi, Addl. Public Prosecutor
O R D E R
(The case has been heard through video conference) Totally, there are three accused and the petitioner is arrayed as A3. The petitioner, who was arrested and remanded to judicial custody on 24.02.2021 for the offence punishable under Sections 399 of I.P.C., in Crime No.81 of 2021, seeks bail.
2. The case of the prosecution is that all the accused said to have made preparation to commit decoity. Hence, a criminal case has been registered, and the petitioner was arrested and remanded to judicial custody on 24.02.2021. Now, this petition has been filed seeking for bail.
3. The learned counsel appearing for petitioner would submit that the petitioner is an innocent person and he has been falsely implicated in this case. Now, the co-accused A1 and A2 were already arrested and released on bail. He would submit that the petitioner is in jail for nearly one month. Hence, he prayed to grant bail to the petitioner.
4. The learned Additional Public Prosecutor appearing for the respondent would submit that the petitioner is having two more cases. She would submit that the other accused A1 and A2 were arrested and released on bail. Hence, she opposed to grant bail to the petitioner.
5. Taking into consideration of the fact that the co-accused A1 and A2 were arrested and released on bail and also considering the period of incarceration suffered by the petitioner for nearly one month, 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, Cheyyar, 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, shall report 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.
7. With the above directions, this Criminal Original Petition is ordered.
-sd/- 19/03/2021 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, CHEYYAR.
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, DUSI POLICE STATION, TIRUVANNAMALAI DISTRICT +1CC to M/S.M.UDHAYAKUMAR Advocate on payment of necessary charges SR NO.3681 CRL OP.5480/2021 Date :19/03/2021 MK:22/03/2021