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Madras High CourtCRL OP/6989/2021granted

Mohammed Hussain v. State Rep By

2021-04-16Honourable Mr Justice M.Dhandapani3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 16.04.2021

CORAM:

THE HON'BLE MR.JUSTICE M.DHANDAPANI Crl.O.P.Nos.6989 and 6943 of 2021 Mohammed Hussain ... Petitioners (in both Crl.Ops) Vs.

The State by Rep by ... Respondent Inspector of Police, (in both Crl.OPs) Kaveripattinam Police Station (Crime No.65 of 2021) and (Crime No.48 of 2021) PRAYER in Crl.OP.No.6989 of 2021 Criminal Original petition has been filed under Section 439 of Cr.P.C, prayed to enlarge the petitioner on bail in Crime No.65 of 2021 pending investigation on the file of the respondent police. PRAYER in Crl.OP.No.6943 of 2021 Criminal Original petition has been filed under Section 439 of Cr.P.C, prayed to enlarge the petitioner on bail in Crime No.48 of 2021pending investigation on the file of the respondent police. ( for both Crl.O.Ps) For Petitioners : Mr.R.Thirumoorthy For Respondent : Mrs.M.Prabhavathi Additional Public Prosecutor COMMON ORDER The petitioner in Crl.O.P.No.6989 of 2021, who was arrested on 23.02.2021 and remanded to judicial custody for the offences under Section 392 of IPC in Cr.No.65 of 2021 on the file of the respondent police seeks bail.

2.The petitioner in Crl.O.P.No.6943 of 2021, who was arrested on 23.02.2021 and remanded to judicial custody for the offences

under Sections 379 altered to 392 of IPC in Cr.No.48 of 2021 seeks bail.

3. The case of the prosecution in in Crl.O.P.No.6989 of 2021 is that the petitioner snatched gold chain weighing about 2.5 soverign approximately. Hence, the law enforcing agency registered a case against the petitioner.

4. The case of the prosecution in in Crl.O.P.No.6943 of 2021 is that the petitioner snatched gold chain weighing about 3 soverigns approximately. Hence, the law enforcing agency registered a case against the petitioner.

5. The learned counsel for the petitioner submit that the petitioner had not committed any offence as alleged by the prosecution and he has been falsely implicated in this case and he is in jail from 23.02.2021. Therefore, he prays to grant bail to the petitioner.

6. The learned Additional Public Prosecutor appearing for the respondent has strongly opposed this petition on the ground that the petitioner is habitual chain snatcher. She further submits that investigation is almost completed.

7. Taking into consideration the fact that investigation is almost completed and also considering the period of incarceration suffered by the petitioners, this Court is inclined to grant bail to the petitioner subject to the following conditions: 8.Accordingly, the petitioner is ordered to be released on bail on his executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand Only) each with two sureties, of whom, one should be a blood related surety, each for a like sum to the satisfaction of the learned Judicial Magistrate No.1 Krishnagiri and on further condition 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, daily at 10.30 a.m. until further orders;

(c)the petitioner shall not tamper with evidence or witness either during investigation or trial; (d)the petitioner shall not abscond 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 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]; and;

(f)if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.

-sd/- 16/04/2021 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 KRISHNAGIRI.

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

4 THE INSPECTOR OF POLICE, KAVERIPATTINAM POLICE STATION.

5 THE SUPERINTENDENT, CENTRAL PRISON, SALEM.

CC to M/S.R.THIRUMOORTHY Advocate on payment of necessary charges CRL OP.6989 & 6943/2021 Date :16/04/2021 TA-17/04/2021