C.David@Vinoth 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.8896 of 2022 1.C.David @ Vinoth 2.S.Rajkamal .. Petitioners Vs.
State Rep. by The Inspector of Police, Erode Taluk Police Station, Erode District.
(Crime No.488 of 2021) .. Respondent 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.488 of 2021 on the file of the respondent police. For petitioners : Mr.P.Muthamizh Selvakumar For Respondent : Mrs.G.V.Kasthuri Additional Public Prosecutor ********
ORDER
The petitioners, who were arrested on 24.02.2022 for the offences punishable under Sections 454 and 380 of IPC in Crime No.488 of 2021, on the file of the respondent police, seek bail.
2. The case of the prosecution is that the petitioners herein were arrested on 24.02.2022 for the alleged offences of house breaking and theft on 21.10.2021.
3. Learned Additional Public Prosecutor appearing for the respondent submits that on 20.01.2022, the 2nd petitioner/Rajkamal was arrested by the Modakurichi police in connection with Crime No.306 of 2021 for the offences under Sections 454 and 380 of IPC. From him cash of Rs.1,95,000/- and 1 kg of silver bar were recovered. From his confession the role of the petitioners in the Crime No.488 of 2021 registered by the Erode Taluk police came to light and cash of Rs.1,95,000/- is the money looted in Crime No.488 of 2021 has been
recovered by the Modakurichi police. On 03.02.2022 showing formal arrest stating that the 1st petitioner is having 19 previous cases and the 2nd petitioner is having 14 previous cases of similar nature and the grant of bail to these petitioners is strongly opposed.
4. Considering the fact that there was a formal arrest on 03.02.2022 by Modakurichi police and the stolen property in this case has been recovered and to ensure that the petitioners will be available for investigation, 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 Court No.I, Erode;
(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 stay at Erode and report before the Investigating Officer daily at 10.30 a.m., until further orders;
(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, NO.I, ERODE.
2 THE CHIEF JUDICIAL MAGISTRATE ERODE DISTRICT [FOR INFORMATION] 3 THE INSPECTOR OF POLICE, ERODE TALUK POLICE STATION, ERODE DISTRICT.
4 THE SUPERINTENDENT, CENTRAL PRISON, TRICHY.
5 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
+1CC to M/S. P.MUTHAMIZHSELVAKUMAR Advocate on payment of necessary charges SR.No.5761 CRL OP.8896/2022 Date :19/04/2022 CSK 20/04/2022