Vetrivel @ Lottadheena v. The State Rep By,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 22.04.2022

CORAM:

THE HON'BLE Dr. JUSTICE G.JAYACHANDRAN Crl.O.P.No.9088 of 2022 Vetrivel @ Lottadheena .. Petitioner Vs.

State represented by The Sub-Inspector of Police, Tiruvannamalai Town Police Station, Tiruvannamalai District.

(Crime No.139 of 2022) .. Respondent PRAYER: Criminal Original Petition has been filed under Section 439 of Cr.P.C praying to enlarge the petitioner on bail in Crime No.139 of 2022 pending on the file of the respondent.

For Petitioner : Mr.R.Balakrishnan For Respondent : Mrs.G.V.Kasthuri Additional Public Prosecutor ********

O R D E R

The petitioner, who was arrested on 03.04.2022 for the alleged offences punishable under Section 399 of IPC in Crime No.139 of 2022, on the file of the respondent police, seeks bail.

2. It is alleged that this petitioner and others were planning to commit robbery during the night time. From the accused persons, knife, iron rod and wooden logs were recovered. 3.Considering the fact that the petitioner is in prison for the past 20 days and he has no bad antecedent, this Court is inclined to grant bail to this 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 No.1, Tiruvannamalai;

(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 report before the Investigating Officer twice daily at 10.30 a.m. and 05.00 p.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/- 22/04/2022 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, THIRUVANNAMALAI.

2 THE CHIEF JUDICIAL MAGISTRATE THIRUVANNAMALAI DISTRICT. [FOR INFORMATION] 3 THE SUPERINTENDENT, CENTRAL PRISON, VELLORE.

4 THE SUB INSPECTOR OF POLICE, THIRUVANNAMALAI TOWN POLICE STATION, THIRUVANNAMALAI DISTRICT.

5 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

+1 CC to M/S.R.BALAKRISHNAN Advocate on payment of necessary charges SR.NO. 6010 CRL OP.9088/2022 Date :22/04/2022 RW 22/04/2022