Sathish v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 27.04.2022

CORAM:

THE HON'BLE Dr. JUSTICE G.JAYACHANDRAN Crl.O.P.No.9647 of 2022 1.Sathish 2.Jayakumar 3.Vijay 4.Vinoth @ Vinothkumar .. Petitioners Vs.

The State of rep. by The Inspector of Police, Sunguvarchatram Station, Kancheepuram (Crime No.182 of 2022) .. Respondent PRAYER: Criminal Original Petition has been filed under Section 439 of Cr.P.C praying to enlarge the petitioners on bail in Crime No.182 of 2022 pending investigation on the file of the Inspector of Police, C2, Sunguvarchatram Police Station, Kancheepuram District. For Petitioners: Mr.S.Nambirajan For Respondent : Mrs.G.V.Kasthuri Additional Public Prosecutor

O R D E R

The petitioners, who were arrested for the offences punishable under Sections 399 of IPC read with Section 27(1) of Arms Act, in Crime No.182 of 2022, on the file of the respondent police, seek bail. 2.The petitioners were arrested on 14.03.2022 for preparing to commit dacoity. The bail petition is opposed by the learned Additional Public Prosecutor on the ground that A1 to A3 have previous cases of similar in nature and if they are released on bail, they may repeat the offence.

3.Considering the above said objection and the period of incarceration, 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, Sirperumpudur, Kancheepuram;

(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 appear before the Investigating Officer daily at 10.30 a.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/- 27/04/2022 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, SRIPERUMPUDUR, KANCHEEPURAM.

2 THE CHIEF JUDICIAL MAGISTRATE CHENGALPATTU. [FOR INFORMATION] 3 THE OFFICER INCHARGE, SUB JAIL, KANCHEEPURAM.

4 THE INSPECTOR OF POLICE, SUNGUVARCHATRAM STATION KANCHEEPURAM.

5 THE INSPECTOR OF POLICE, C-2, SUNGUVARCHATRAM POLICE STATION, KANCHEEPURAM DISTRICT.

6 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

+1 CC to M/S. S.NAMBIRAJAN Advocate on payment of necessary charges SR.NO. 6335 CRL OP.9647/2022 Date :27/04/2022 RW 28/04/2022