Madras High CourtCRL OP/8174/2021granted

Vikram Singh v. The State Rep.By

2021-04-30Honourable Mr Justice M.Dhandapani3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 30.04.2021

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI Crl.O.P.No.8174 of 2021 Vikram Singh ... Petitioners Vs.

State rep. By ... Respondent Inspector of Police, E-3, Teynampet Police Station, Chennai-35.

Crime No.33 of 2021.

Prayer:

Petition filed under Section 439 of Cr.P.C., seeking to enlarge the petitioners on bail in Crime No.33 of 2021 pending investigation on the file of the respondent police.

For Petitioners : Mr.S.Sai Ram For Respondent : Ms.M.Prabhavathi Additional Public Prosecutor

ORDER

The petitioners who were arrested and remanded to judicial custody on 04.022021 for the offence under Sections 381,413, 414, 411 r/w 120 (b) of I.P.C in Crime No.33 of 2021 on the file of the respondent police, seek bail.

2.It is the case of the prosecution that the petitioner along with other accused said to have stolen 220 grams of Jewels from the jewellery shop and sold the same. Hence, the complaint. 3.The learned counsel appearing for the petitioners would submit that the petitioner has not committed any offence as alleged by the prosecution. He further submits that even CCTV footage reveals that A1/Praveen Singh has committed the offence and this petitioner is not available in CCTV footage and as he friend of A1, he was implicated in this case. The learned counsel, on instructions, further submitted that the petitioners are ready to deposit a sum of Rs.25,000/- to the Dean, Rajiv Gandhi Government General Hospital, Chennai, to enable the Dean to use the aforesaid amount for the purpose of treating the COVID-19 patients.

4.The learned Additional Public Prosecutor submitted that there is no previous case pending as against the petitioners. 5.Considering the fact that the petitioners are ready to deposit a sum of Rs.25,000/- to the Dean, Rajiv Gandhi Government General Hospital, Chennai for the purpose of treating the COVID-19 patients, I am inclined to grant bail to the petitioners. 6.Accordingly, the petitioners are ordered to be released on bail on their executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand Only) each, with two sureties, of whom, one should be a blood related surety, each for a like sum to the satisfaction of the learned XVIII Metropolitan Magistrate, Saidapet and on further condition that:

(a)the petitioners shall deposit a sum of Rs.25,000/- (Rupees twenty five Thousand Only) through demand draft drawn in favour of the Dean, Rajiv Gandhi Government General Hospital, GH Post Office, 3, Poonamallee High Road, Near Chennai Central, Near Park Town, Chennai - 600 003, to enable the Dean to use the aforesaid amount for the purpose of treating the COVID-19 patients, within a period of two weeks. The challan/receipt of such payment shall be produced at the time of executing the bond.

(b)the sureties shall affix their photographs and left thumb impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity; (c)the petitioners shall report before the respondent police, daily at 10.30 a.m. until further orders;

(d)the petitioners shall not tamper with evidence or witness either during investigation or trial;

(e)the petitioners shall not abscond either during investigation or trial;

(f)on breach of any of the aforesaid conditions, the learned 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]; and; (g)if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.

-sd/- 30/04/2021 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 XVIII METROPOLITAN MAGISTRATE, SAIDAPET.

2 THE CHIEF METROPOLITAN MAGISTRATE, EGMORE, CHENNAI. [FOR INFORMATION] 3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

4 THE INSPECTOR OF POLICE, E-3, TEYNAMPET POLICE STATION, CHENNAI-35.

5 THE SUPERINTENDENT, CENTRAL PRISON, PUZHAL, CHENNAI.

6 THE DEAN, RAJIV GANDHI GOVERNMENT GENERAL HOSPITAL, GH POST OFFICE, 3, POONAMALLEE HIGH ROAD, NEAR CHENNAI CENTRAL, NEAR PARK TOWN, CHENNAI - 600 003, CC to M/S.S.SAIRAMAN Advocate on payment of necessary charges CRL OP.8174/2021 Date :30/04/2021 TA-03/05/2021