Veeramani v. State Rep.By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 17.04.2023

CORAM

THE HON'BLE MR. JUSTICE A.D.JAGADISH CHANDIRA Veeramani ... Petitioner Vs.

State represented by The Inspector of Police, Neyveli Township Police Station, Cuddalore District.

(Crime No.55 of 2023).

... Respondent PRAYER: Criminal Original Petition filed under Section 439 of Cr.P.C., pleased to enlarge the petitioner on bail in Crime No.55 of 2023 pending investigation on the file of the respondent police. For Petitioner : Mr.R.Suryaprakash For Respondent : Mr.C.E.Pratap Government Advocate(Crl.side) 1/6

O R D E R

The petitioner, who was arrested and remanded to judicial custody on 07.02.2023, for the offences punishable under Sections 341, 294(b), 392, 397 and 506(2) of IPC in Crime No.55 of 2023 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that as per the defacto complainant Dhineshkumar, on 07.02.2023 around 5.30 a.m, while he was going in his two wheeler, the accused has waylaid and threatened him with knife point and robbed an amount of Rs.500/- from him. When the same was questioned by the defacto complainant, the accused had threatened him by saying that he is Veeramani famous rowdy in Neyveli, Cuddalore. Hence this case.

3. Learned counsel appearing for the petitioner submitted that the petitioner has been falsely implicated in this case. He further submitted that it is true that the petitioner has got several previous cases against him and in order to harass the petitioner continuously, a false case has been registered by the respondent Police and the petitioner is in judicial custody for 72 days. 2/6

Hence, he prayed to grant bail to the petitioner.

4. Learned Government Advocate (Crl.side) appearing for the respondent police would submit that the petitioner is a history sheet offender, against whom 14 previous cases are pending. He further submitted that while the defacto complainant was going on his two wheeler, the accused has waylaid him and by threatening with knife point, robbed an amount of Rs.500/- from him. When the same was questioned, the accused had threatened the defacto complainant by saying that he is Veeramani famous rowdy in Neyveli, Cuddalore. Therefore, the respondent Police arrested the petitioner on 07.02.2023. Hence, he vehemently opposed to grant bail to the petitioner.

5. Heard the learned Counsel for the petitioner and the learned Government Advocate (Crl.side) and perused the materials available on record.

6. Taking into consideration the facts and circumstances of the case, the submissions made by the learned counsel for the petitioner and also 3/6

considering the period of incarceration undergone by the petitioner, this Court is inclined to grant bail to the petitioner with certain conditions.

7. Accordingly, the petitioner is ordered to be released on bail on his executing a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand Only) with two sureties, one should be a Father or Mother of the petitioner, each for a like sum to the satisfaction of the learned District Munsif-cum-Judicial Magistrate, Neyveli, and on further conditions that: [a] the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity;

[b] the petitioner shall report before the respondent Police, everyday at 7.00 p.m, until further orders. [c] the petitioner shall not abscond either during investigation or trial;

[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 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 4/6

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 abscond, a fresh FIR can be registered under Section 229A IPC.

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A.D.JAGADISH CHANDIRA.,J.

gbi To

1. The District Munsif-cum-Judicial Magistrate, Neyveli.

2.The Inspector of Police, Neyveli Township Police Station, Cuddalore District.

3. The Central Jail, Cuddalore.

4. The Public Prosecutor, High Court of Madras.

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