Sivamani v. The 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.8300 of 2022 Sivamani .. Petitioner Vs.
The State rep. by The Sub Inspector of Police, S.H.O., Kadampuliyur Police Station, Cuddalore District.
(Crime No.151 of 2022) .. Respondent PRAYER: Criminal Original Petition has been filed under Section 439 of Cr.P.C praying to enlarge the petitioner who was arrested in Crime No.151 of 2022, pending on the file of the Sub Inspector of Police, S.H.O. kadampuliyur Police Station, Cuddalore District. For Petitioner : Mr.K.Poomalai For Respondent : Mrs.G.V.Kasthuri Additional Public Prosecutor ********
ORDER
The petitioner, who was arrested for the alleged offences under Sections 294(b), 324, 364-A, 365 and 506(ii) of IPC in Crime No.151 of 2022, on the file of the respondent police, seeks bail.
2. The petitioner herein was surrendered before the learned Magistrate on 23.02.2022 and remanded to the judicial custody in a case where the complaint has been registered against him and others for the alleged offences under sections 294(b), 324, 364-A, 365 and 506(ii) of IPC. As per the complaint, in order to extract money from the defacto complainant, this petitioner and others have abducted the defacto complainant and confined him in the cashew grove of the petitioner herein from 11.02.2022 to 13.02.2022. Thereafter, the father of this petitioner has released the defacto complainant and set him free.
3.Learned Additional Public Prosecutor appearing for the respondent opposed granting bail to this petitioner on the ground that two of the accused are still at large and there are five
previous cases against this petitioner and one case is similar in nature. However, the learned counsel for the petitioner would state that that case was against this petitioner as well as the defacto complainant at Mettur police station and except that case, no other complaint against him is pending.
4.Considering the nature of the case and the stage of investigation, 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 Court No.2, Panruti, Cuddalore District;
(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 daily twice at 10.30 a.m. and 05.30 p.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/- 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.2, PANRUTI, CUDDALORE DISTRICT.
2 THE CHIEF JUDICIAL MAGISTRATE CUDDALORE [FOR INFORMATION] 3 THE SUB INSPECTOR OF POLICE, SHO, KADAMPULIYUR POLICE STATION, CUDDALORE DISTRICT.
4 THE SUPERINTENDENT, CUDDALORE CENTRAL JAIL, CHAPPER HILLS, VANDIPALAYAM POST, CUDDALORE DISTRICT, PIN:607104.
5 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
+1CC to M/S.K.POOMALAI Advocate on payment of necessary charges SR.No.5507 CRL OP.8300/2022 Date :11/04/2022 CSK 12/04/2022