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Madras High CourtCRL OP/9411/2022granted

M.Pckirisamy v. The State Rep By Its,

2022-04-25Honourable Dr Justice G. Jayachandran3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 25.04.2022

CORAM:

THE HON'BLE Dr. JUSTICE G.JAYACHANDRAN Crl.O.P.No.9411 of 2022 M.Pckirisamy .. Petitioner Vs.

The State rep. by The Inspector of Police, Thudaiyalur Police Station, Coimbatore.

(Crime No.312 of 2022) .. Respondent PRAYER: Criminal Original Petition has been filed under Section 439 of Cr.P.C praying to enlarge the petitioner on bail pending investigation in Crime No.312 of 2022, on the file of the Inspector of Police, Thudiyalur Police Station, Coimbatore. For Petitioner : Mr.S.Arivazhagan For Respondent : Mrs.G.V.Kasthuri Additional Public Prosecutor ********

ORDER

The petitioner, who was arrested on 12.03.2022 for the offences punishable under Section 392 of IPC in Crime No.312 of 2022, on the file of the respondent police, seeks bail.

2.The petitioner herein was arrested on 12.03.2022 in connection with the chain snatching incident which is alleged to have occurred on 11.03.2022 at 07.15 p.m.

3.Learned Additional Public Prosecutor appearing for the respondent states that the stolen gold chain has been recovered from the petitioner and the final report is filed.

4.Taking note of the fact that the investigation is completed and the final report is filed, 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, Coimbatore;

(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 concerned Magistrate on every Monday at 10.30 a.m. and shall attend the trial without fail.

(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/- 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, NO.I, COIMBATORE.

2 THE CHIEF JUDICIAL MAGISTRATE COIMBATORE [FOR INFORMATION] 3 THE INSPECTOR OF POLICE, THUDAIYALUR POLICE STATION, COIMBATORE DISTRICT 4 THE SUPERINTENDENT, CENTRAL PRISON, COIMBATORE.

5 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

+1 CC to M/S.S.ARIVAZHAGAN Advocate on payment of necessary charges SR.NO.6135 CRL OP.9411/2022 Date :25/04/2022 JPA 25/04/2022