Selvaprakasam @ Chetty v. The Station House Officer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 13.07.2020 CORAM :

THE HON'BLE MR. JUSTICE A.D.JAGADISH CHANDIRA Crl.O.P.No.7446 of 2020 1.Selvaprakasam @ Chetty 2.Veerapandian ... Petitioners Vs.

State rep. by its The Station House Officer, Sethiyathope Police Station, Cuddalore District.

(Cr.No.186 of 2019) ... Respondent PRAYER: Criminal Original Petition is filed under Section 439 of Criminal Procedure Code to enlarge the petitioners on bail concerned in Crime No.186 of 2019 on the file of Station House Officer, Sethiyathope Police Station, Cuddalore District. For Petitioners : Mr.K.Balu For Respondent : Mr.Shunmugarajeswaran Government Advocate (Crl. Side)

O R D E R

(The case has been heard through video conference) When the matter was taken up for hearing, the learned Government Advocate (Crl.Side) submitted that the petitioners were already granted interim bail by this Court. He further submitted that final report has been filed on 25.06.2020 and it is yet to be taken on file.

2. In view of the above submission, the interim bail already granted by this Court on 08.05.2020, is made absolute subject to the following conditions:

(a) Accordingly, the petitioners shall surrender and execute two sureties each, for a sum of Rs.10,000/- (Rupees ten thousand only) each, before the learned Judicial Magistrate No.1, Chidambaram, within a period of two weeks after lifting of lockdown or the commencement of the Court's normal functioning whichever is earlier, failing which the bail granted by this Court shall stand dismissed automatically;

(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 shall report before the learned Judicial Magistrate No.1, Chidambaram, on the 1st working day of every month at 10.30 a.m., until further orders.

(d) the petitioners shall not commit any offences of similar nature;

(e) the petitioners shall not abscond either during investigation or trial;

(f) the petitioners shall not tamper with evidence or witness either during investigation or trial;

(g) 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];

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

3. With the above directions, this Criminal Original Petition is ordered.

-sd/- 13/07/2020 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 CHIDAMBARAM.

2 THE SESSION JUDGE, CUDDALORE.

3 THE SUPERINTENDENT, DISTRICT JAIL, VILLUPURAM.

4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

5 THE STATION HOUSE OFFICER, SETHIYATHOPE POLICE STATION, SETHIYATHOPE POLICE STATION, CUDDALORE DISTRICT.

CC to M/S K.BALU Advocate on payment of necessary charges CRL OP.7446/2020 Date :13/07/2020 cs 04/08/2020