Vallarasu v. The State Rep By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 19.04.2022
CORAM:
THE HON'BLE Dr. JUSTICE G.JAYACHANDRAN Crl.O.P.No.8861 of 2022 1.Vallarasu .. Petitioners 2.Sathish Vs.
State Rep. By .. Respondent The Inspector of Police, Chengam Police Station, Thiruvannamalai District.
(Crime No.178 of 2022) PRAYER: Criminal Original Petition has been filed under Section 439 of Cr.P.C praying to enlarge the petitioner on bail in connection with the Crime No.178 of 2022 on the file of the respondent police. For petitioners : Mr.S.Silambuselvan For Respondent : Mrs.G.V.Kasthuri Additional Public Prosecutor
ORDER
The petitioners, who were arrested on 24.03.2022 for the offences punishable under Sections 392 and 394 @ 395 of IPC in Crime No.178 of 2022, on the file of the respondent police, seek bail.
2. The case of the prosecution is that the petitioners, who were 19 years old, along with three juvenile alleged to have committed robbery during night from the de facto complainant. A cell phone worth Rs.10,000/- and cash of Rs.2,000/- was snatched from him. It is alleged that while two of them caught hold of his hands and other two punched him on his face and back causing injury.
3. Learned Additional Public Prosecutor appearing for the respondent submits that the petitioners were arrested on 24.03.2022 and the stolen property has been recovered from them. She further submits that the petitioners have no bad antecedent.
4. Considering the fact that the petitioners are adolescent offenders and alleged to have been committed offence for the first time, this Court grants bail to the petitioners herein and they are ordered to be released on bail subject to the following conditions; (a) Each of the petitioners 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, Chengam;
(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 are directed to report before the Investigating Officer as and when required for interrogation;
(d) the petitioners 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 petitioners in accordance with law as if the conditions have been imposed and the petitioners 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/- 19/04/2022 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, CHENGAM, TIRUVANNAMALAI.
2 THE CHIEF JUDICIAL MAGISTRATE TIRUVANNAMALAI. [FOR INFORMATION] 3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
4 THE INSPECTOR OF POLICE, CHENGAKM POLICE STATION, HIRUVANNAMALAI DISTRICT.
5 THE SUPERINTENDENT, CENTRAL PRISON, VELLORE.
+1 CC to M/S.S.SILAMBUSELVAN Advocate on payment of necessary charges SR.NO.5793 CRL OP.8861/2022 Date :19/04/2022 TA-20/04/2022