Nivash v. The State Rep By,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 25.04.2022

CORAM:

THE HON'BLE Dr. JUSTICE G.JAYACHANDRAN Crl.O.P.Nos.9069, 9218, 9219 & 9306 of 2022 Nivash ..Petitioner in Crl.O.P.No.9069 of 2022 1.Manikandan @ Appu 2.Raja @ Pothu Arivazhagan ..Petitioners in Crl.O.P.No.9218 of 2022 Vetrivel ..Petitioner in Crl.O.P.No.9219 of 2022 Radhakrishnan .. Petitioner in Crl.O.P.No.9306 of 2022 Vs.

The State rep. by The Inspector of Police, Tiruvarur Taluk Police Station, Tiruvarur District.

(Crime No.120 of 2022) .. Respondent in all Crl.O.Ps.

COMMON PRAYER: Criminal Original Petitions have been filed under Section 439 of Cr.P.C praying to enlarge the petitioners on bail pending investigation in Crime No.120 of 2022 on the file of the Inspector of Police, Thiruvarur Taluk Police Station, Thiruvarur District.

For Petitioner in Crl.O.P.No.9069 of 2022 :Mr.P.Muthamizh Selvakumar For Petitioners in Crl.O.P.Nos.9218 & 9219 of 2022 : Mr.G.Saravanabhavan For Petitioner in Crl.O.P.No.9306 of 2022 :Mr.N.Palanivel For Respondent in all Crl.O.Ps.

: Mrs.G.V.Kasthuri Additional Public Prosecutor ********

COMMON O R D E R The petitioners in all these petitions, who were arrested for the offences punishable under Section 341, 394 I.P.C. @ 341, 120(b), 397 of IPC in Crime No.120 of 2022, on the file of the respondent police, seek bail.

2.The petitioners, who were arrested in connection with the complaint given by one Mehala alleging that when she and her husband were returning home on 02.04.2022 at about 09.15 p.m. near Alivalam Government Higher Secondary School, four persons came in two twowheelers and dashed their vehicle. When her husband lost his balance and fell down, the defacto complainant, who was the pillion rider also fell down. At that time, one of the accused persons tried to snatch thali chain of the defacto complainant. When her husband resisted it, he was attacked by the gang with iron rod on his head and ran away with the snatching chain and cell phone. These petitioners were arrested on 04.04.2022.

3.Learned Additional Public Prosecutor appearing for the respondent submits that the stolen property were recovered from A2, Vetrivel, who is the petitioner in Crl.O.P.No.9219 of 2022. She further submits that both the two wheelers were recovered. 4.Taking note of the above fact, this Court is inclined to grant bail to this petitioners. Accordingly, the petitioners 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.25,000/- (Rupees Twenty Five Thousand only) with two sureties, each for a like sum to the satisfaction of the learned Judicial Magistrate, Thiruvarur;

(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 Thanjavur and report before Thanjavur town police station daily at 10.30. a.m, for 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/- 25/04/2022 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, THIRUVARUR.

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

4 THE OFFICER INCHARGE, DISTRICT JAIL, MANARGUDI.

5 THE INSPECTOR OF POLICE, THIRUVARUR TALUK POLICE STATION, THIRUVARUR DISTRICT.

6 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

7 THE INSPECTOR OF POLICE/ THE STATION HOUSE OFFICER, THANJAVUR TOWN POLICE STATION, THANJAVUR.

+2 CC to MR.G.SARAVANABHAVAN Advocate on payment of necessary charges SR.NOs. 6121 & 6122 +1 CC to MR.N.PALANIVEL Advocate on payment of necessary charges SR.NO.6117 CRL OP.Nos.9069, 9218, 9219 & 9306 /2022 Date :25/04/2022 RW 25/04/2022