Suriya v. State Represented By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 24.06.2020 CORAM :

THE HON'BLE MR. JUSTICE A.D.JAGADISH CHANDIRA Suriya .. Petitioner /versus/ State: Represented by The Inspector of Police, Baluchettychathiram Police Station, Kancheepuram, Crime No.1030 of 2020.

.. Respondent Prayer: Criminal Original Petition is filed under Section 439 of Criminal Procedure Code, to enlarge the petitioner on bail in Crime No.1030 of 2020 pending investigation on the file of the Inspector of Police, Baluchettychathiram Police Station, Kancheepuram. For Petitioner : Mr.M.Selvam For Respondent : Mr.K.Prabhakar, Addl Public Prosecutor

O R D E R

(The case has been heard through video conference) The petitioner who was arrested and remanded to judicial custody on 06.06.2020, for the alleged offence punishable under Section 399 IPC r/w Section 25(1)(a) of Indian Arms Act in Crime No.1030 of 2020 on the file of the respondent police, seeks bail. 1/5

2. The case of the prosecution is that the petitioner along with other accused had planned to commit dacoity by having a knife along with wooden logs.

3. The learned counsel for the petitioner would submit that the petitioner is innocent and he has not committed any offence as alleged by the prosecution. He would further submit that other co-accused were released on bail. Hence, he prays to grant bail to the petitioner.

4. The learned Additional Public Prosecutor for the respondent would submit that the petitioner along with other accused planned to commit dacoity by having a knife along with wooden logs. He would further submit that the petitioner is involved in one previous case. Hence, he opposed for the grant of bail to the petitioner.

5. Taking into consideration the facts and circumstances of the case and the submission made by the learned counsel for the petitioner, this Court is inclined to grant bail to the petitioner subject to the following conditions :

(a) Accordingly, the petitioner is ordered to be released on bail on executing his own bond for a sum of Rs.10,000/- (Rupees ten thousand only), before the Superintendent of the concerned prison, in which the petitioner has been confined and thereafter on his release; 2/5

(b) the petitioner shall execute two sureties for a sum of Rs.10,000/- (Rupees ten thousand only) each, before the learned Judicial Magistrate-I, Kancheepuram, within 15 days from the date of lifting of the lockdown and the commencement of the Court's normal functioning, failing which the bail granted by this Court shall stand dismissed automatically;

(c) 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; (d) the petitioner shall report before the respondent police every day at 10.30 a.m., for a period of one week and thereafter, every Monday at 10.30 a.m. until further orders. (e) the petitioner to furnish the correct details of address along with mobile number to the Investigating Officer and to the concerned Court.

(f)the petitioner shall not commit any offences of similar nature;

(g) the petitioner shall not abscond either during investigation or trial;

(h) the petitioner shall not tamper with evidence or witness either during investigation or trial;

(i) on breach of any of the aforesaid conditions, the learned Judicial Magistrate/Trial Court is entitled to take appropriate action 3/5

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]; (j) if the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.

6.With the above directions, this Criminal Original Petition is ordered.

24.06.2020 ms To 1.The Judicial Magistrate-I, Kancheepuram.

2.The Officer Incharge, Sub-Jail, Kancheepuram.

3.The Inspector of Police, Baluchettychathiram Police Station, Kancheepuram.

4.The Public Prosecutor, High Court, Madras.

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A.D.JAGADISH CHANDIRA, J.

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