Santhoshkumar v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 27.04.2022

CORAM:

THE HON'BLE Dr. JUSTICE G.JAYACHANDRAN Crl.O.P.No.9589 of 2022 Santhoshkumar .. Petitioner Vs.

The State rep. by The Inspector of Police, Vridhachalam Police Station, Cuddalore District.

(Crime No.323 of 2022) .. Respondent PRAYER: Criminal Original Petition has been filed under Section 439 of Cr.P.C praying to enlarge the petitioners on bail in Crime No.323 of 2022 on the file of the respondent police.

For Petitioner : Mr.B.Kumaraswamy for M/s.R.Gokulakrishnan For Respondent : Mrs.G.V.Kasthuri Additional Public Prosecutor ********

ORDER

The petitioner, who was arrested on 05.03.2022 for the offences punishable under Sections 457(2) and 380 (2) of IPC, in Crime No.323 of 2022, on the file of the respondent police, seeks bail. 2.The petitioner herein was arrested on 05.03.2022 on the complaint given by the Executive Officer of Virudhakririeshwarar Temple, Vridhachalam, alleging that the petitioner herein has stolen three gold coated kalasam of the temple worth about Rs.10 lakhs. The said kalasams, which were kept in his house, were recovered from the petitioner herein . Since the investigation is completed and the final report is filed and the alleged stolen property had already been recovered, this Court is inclined to grant bail to the 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.I, Vridhachalam;

(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 attend the trial regularly 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/- 27/04/2022 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, VRIDHACHALAM.

2 THE CHIEF JUDICIAL MAGISTRATE CUDDALORE DISTRICT [FOR INFORMATION] 3 THE INSPECTOR OF POLCIE, VRIDHACHALAM POLICE STATION, CUDDALORE DISTRICT.

4 THE SUPERINTENDENT, CENTRAL PRISON, CUDDALORE.

5 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

+1CC to M/S. R.GOKULAKRISHNAN Advocate on payment of necessary charges SR.No.6370 CRL OP.9589/2022 Date :27/04/2022 CSK 27/04/2022