Sathish v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Monday, the Fourth day of April Two Thousand Twenty Two PRESENT The Hon`ble Dr Justice G. JAYACHANDRAN CRIMINAL ORIGINAL PETITION No.7378 of 2022 1 SATHISH [ PETITIONERS / ACCUSED ] 2 JAYAKUMAR 3 VIJAY 4 VINOTH @ VINOTHKUMAR Vs STATE REP BY [ RESPONDENT ] THE INSPECTOR OF POLICE, SUNGUVARCHATRAM STATION, KANCHEEPURAM.

CR.NO.182/2022.

For Petitioner : M/S. S.NAMBIRAJAN Advocate For Respondent : Mrs.G.V.KASTHURI, Additional Public Prosecutor PETITION FOR BAIL 439 Cr.P.C.

ORDER : The Court Made the following order :- This Criminal Original Petition has been filed by the petitioners, who were arrested for the alleged offences under Sections 399 of IPC read with Section 25(1)(a) of Arms Act in Crime No.182 of 2022, seeking bail.

2. This petition for bail is filed by A1 to A4 in a case, where they have conspired to commit dacoity. A case has been registered against them for the offences under Sections 399 of IPC read with Section 25(1)(a) of Arms Act and the petitioners were arrested on 14.03.2022.

3. The learned Additional Public Prosecutor appearing for the respondent states that since the investigation is still pending, the release of these petitioners herein will cause hindrance to the investigation. She further submitted that A1 and A2 have bad antecedents of one previous case of similar in nature. https://hcservices.ecourts.gov.in/hcservices/

4.The learned counsel for the petitioners submitted that one Dinesh/A6 in this case, who was arrested on 28.03.2022, was granted bail by the District and Sessions Judge, Kanchipuram, on the premise that he has no previous case and on the date of arrest itself, most part of the investigation would have been completed and therefore, he was granted bail on condition that the petitioner therein shall donate one sitting with writing steel bench not less than the value of Rs.3500/- to the Head Master, Panchayath Union Primary School, Karur, Walajabad, Kancheepuram. On such compliance, the petitioner therein may be released on bail. This Court is unable to countenance such order.

5. Donations to schools or any charitable trust, if made as a pre-condition for granting bail, then all the hard core criminals will commit grave offence and will come forward to donate to charity and claim bail. I hope the Courts would desist from passing such orders, while granting bail.

6. With the above observation, Criminal Original Petition for bail is dismissed.

-sd/- 04/04/2022 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 DISTRICT AND SESSIONS JUDGE, KANCHIPURAM.

2 THE INSPECTOR OF POLICE, SUNGUVARCHATRAM STATION, KANCHEEPURAM.

3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

4 THE OFFICER INCHARGE SUB JAIL, KANCHEEPURAM.

+1 CC to M/S. S.NAMBIRAJAN Advocate on payment of necessary charges SR.NO.5033 CRL OP.7378/2022 Date :04/04/2022 TA-21/04/2022 https://hcservices.ecourts.gov.in/hcservices/