Suresh v. Inspector Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 08.04.2022
CORAM:
THE HON'BLE Dr. JUSTICE G.JAYACHANDRAN Crl.O.P.No.7488 of 2022 1.Suresh 2.Saranraj .. Petitioners Vs.
The State rep. by The Inspector of Police, T15-SRMC Police Station, Chennai.
(Crime No154 of 2022) .. Respondent PRAYER: Criminal Original Petition has been filed under Section 439 of Cr.P.C praying to enlarge the petitioners on bail in Crime No.154 of 2022 on the file of the Inspector of Police, T15-SRMC Police Station, Chennai.
For Petitioners : Mr.S.Sasikumar For Respondent : Mrs.G.V.Kasthuri Additional Public Prosecutor ********
O R D E R
The petitioners, who were arrested on 04.03.2022 for the alleged offences under Sections 341, 294(b), 323, 336, 397, 506(ii) of IPC in Crime No.154 of 2022, on the file of the respondent police, seeks bail.
2.These petitioners were arrested on 04.03.2022 on a complaint of robbery and assault. A case was registered against these petitioners for the alleged offences under Sections 341, 294(b), 323, 336, 397 and 506(ii) of I.P.C. As per the defacto complainant, at knife point a sum of Rs.3000/- and a cell phone were robbed from the possession of these petitioners and when the public tried to hold them, they threw stones on them, threatened them and fled away.
3.Learned Additional Public Proseuctor for the respondent submits that only Rs.450/- was recovered and the balance money is yet to be recovered. She further submits that the first accused was detained under the Act 14 and the second accused was released on bail by the court below.
4.Considering the fact that the petitioners have no record of bad antecedent and the second petitioner is hardly 19 years old, this court is inclined to grant bail to the petitioners. Accordingly, the petitioners are ordered to be released on bail subject to the following conditions;
(a) Each of the petitioners shall execute a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) with two sureties, each for a like sum to the satisfaction of the learned Judicial Magistrate No.I, Poonamallee;
(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 petitioners are directed to report before the Investigating Officer daily at 10.30 a.m. until further orders. (d) the petitioner shall not tamper with evidence or witness either during investigation or trial;
(e) 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];
(f) if the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.
-sd/- 08/04/2022 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 JUDICIAL MAGISTRATE, NO.I, POONAMALLEE.
2 THE CHIEF JUDICIAL MAGISTRATE THIRUVALLUR DISTRICT. [FOR INFORMATION] 3 THE SUPERINTENDENT, CENTRAL PRISON, PUZHAL, CHENNAI.
4 THE INSPECTOR OF POLICE T 15-SRMC POLICE STATION, CHENNAI.
5 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
+1 CC to M/S.S.SASIKUMAR Advocate on payment of necessary charges SR.NO. 5462 CRL OP.7488/2022 Date :08/04/2022 RW 08/04/2022