Sathish Kumar v. State Rep.By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 11.04.2022

CORAM:

THE HON'BLE Dr. JUSTICE G.JAYACHANDRAN Crl.O.P.No.7988 of 2022 Sathish Kumar .. Petitioner Vs.

The State rep. by .. Respondent The Inspector of Police, M-5, Ennore Police Station, Thiruvallur District.

(Crime No.191 of 2022) PRAYER: Criminal Original Petition has been filed under Section 439 of Cr.P.C praying to enlarge the petitioner on bail in Crime No.191 of 2022, pending on the file of the respondent police. For Petitioner : Mr.M.Mohamed Riyas For Respondent : Mrs.G.V.Kasthuri Additional Public Prosecutor

ORDER

The petitioner, who was arrested on 14.03.2022 for the alleged offences under Sections 341, 294(b), 336, 392, 397, 506(2) of IPC in Crime No.191 of 2022, on the file of the respondent police, seeks bail.

2.The petitioner herein was arrested on 14.03.2022 on the allegation that he robbed Rs.1000/- at knife point from the driver. Earlier when the petition was sought for bail, this Court dismissed the bail petition stating that there are two cases of similar in nature against this petitioner and if he is released on bail, he will be indulging in similar offence.

3.Now, the learned counsel for the petitioner states that those two cases are not under Section 392 and 397 and further those cases were registered in the year 2016 and 2019. Now the petitioner is carrying on lawful business and due to animosity, the police have lodged the complaint.

4.Learned Additional Public Prosecutor appearing for the respondent states that the investigation is at the verge of completion. Recording the same, this court is inclined to grant bail to the petitioner. Accordingly, the petitioner is ordered to be released on bail subject to the following conditions; (a) the petitioner shall execute a bond for a sum of Rs.50,000/- (Rupees Fifty Thousand only) with two sureties, each for a like sum to the satisfaction of the learned Judicial Magistrate No.1, Thiruvottiyur, Chennai; (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 is directed to report before the Investigating Officer as and when required.

(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/- 11/04/2022 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.1, THIRUVOTTIYUR, CHENNAI.

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

4 THE INSPECTOR OF POLICE, M-5, ENNORE POLICE STATION, THIRUVALLUR DISTRICT.

5 THE SUPERINTENDENT, CENTRAL PRISON, PUZHAL, CHENNAI.

+1 CC to M/S.M.MOHAMED RIYAS Advocate on payment of necessary charges SR.NO.5483 CRL OP.S7988/2022 Date :11/04/2022 TA-12/04/2022