Murugan v. State 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.5558 of 2021 Murugan ... Petitioner Vs.

State rep. by ... Respondent The Inspector of Police, Brammadesam Police Station, Tindivanam, Villupuram Dt.

(Crime No.97/2021) PRAYER: Criminal Original Petition is filed under Section 439 of Criminal Procedure Code to enlarge the petitioner on bail in Cr.No.97 of 2021 on the file of the respondent Police. For Petitioner : Mr.M.Babu Muthu Meeran For Respondent : Mrs.M. Prabhavathi, Addl. Public Prosecutor

ORDER

(The case has been heard through video conference) The petitioner is a sole accused. The petitioner, who was arrested and remanded to judicial custody on 09.03.2021 for the offence punishable under Sections 4(a), 5 of Explosive Substance Act, 1908, in Crime No.97 of 2021, seeks bail.

2. The case of the prosecution is that on the date of occurrence, when the respondent police was on patrol duty, they found that the petitioner was found in possession of 15 nos. of gelatin electronic detonators and 10 nos. of gelatin sticks. Hence, a criminal case has been registered, and the petitioner was arrested and remanded to judicial custody on 09.03.2021. Now, this petition has been filed seeking for bail.

3. The learned counsel appearing for petitioner would submit that the petitioner is a labour and he was engaged in digging a well at Brammadesam, Villupuram District. He would submit that he has purchased all those materials only for digging a well, wherein, the

police was on patrol duty, they have arrested the petitioner. He would submit that he is an innocent person and he has been falsely implicated in this case. He would submit that the petitioner has no bad antecedents and he 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 was found in possession of the above explosive substances without having proper license and on seeing the police, he has escaped from the scene of occurrence. She would submit that the investigation is almost completed and there is no bad antecedents against the petitioner. Hence, she opposed to grant bail to the petitioner.

5. Taking into consideration of the fact that the petitioner is only a labour, engaged in digging a well and he said to have purchased all those materials only for that purpose, he has no bad antecedents 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-II, Tindivanam, 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 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.

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-II, TINDIVANAM.

2 THE CHIEF JUDICIAL MAGISTRATE, VILLUPURAM [FOR INFORMATION].

3 THE PUBLIC PROSECUTOR, HIGH COURT, MADRAS.

4 THE INSPECTOR OF POLICE, BRAMMADESAM POLICE STATION, TINDIVANAM, VILLUPURAM DISTRICT.

5 THE OFFICER INCHARGE, SUB JAIL, TINDIVANAM.

CC to M/S. M.BABU MUTHU MEERAN Advocate on payment of necessary charges CRL OP.5558/2021 Date :19/03/2021 MN-22/03/2021