Parthiban v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 07.07.2020

CORAM:

THE HON'BLE MR.JUSTICE A.D.JAGADISH CHANDIRA Crl.O.P.No.10185 of 2020 Parthiban ... Petitioner Vs.

State rep by The Inspector of Police Guduvancherry Police Station, Kancheepuram District.

(Crime No.1509 of 2020) ... Respondent PRAYER: This Criminal Original Petition filed under section 439 of Cr.P.C., seeking to enlarge the petitioner on bail pending investigation in connection with Crime No.1509 of 2020 on the file of the respondent police.

For Petitioner : Mr.R.Sasikumar For Respondent : Mr.T.Shunmugarajeswaran Government Advocate (Crl.Side)

O R D E R

(The case has been heard through video conference) The petitioner who was arrested and remanded to judicial custody on 20.05.2020 for the offence punishable under Section 4 (b) of Explosive Act 1908, in Crime No.1509 of 2020 on the file of the respondent police, seeks bail.

2.The case of the prosecution is that on 20.05.2020, when the respondent police were conducting usual check up, the petitioner along with other accused was found in possession of petrol bomb. Hence, the complaint.

3. The learned Counsel for the petitioner submitted that the petitioner is an innocent and he was falsely implicated in this case and arrested since, he happens to be the friend of other accused. He would further submit that the petitioner has been in judicial custody from 20.05.2020 and seeks for grant of bail to the petitioner.

4. The learned Government Advocate (Crl. Side) submitted that the petitioner who belongs to a rowdy group, was found in possession of petrol bomb and created problem in the locality. Hence, he vehemently opposed for the grant of bail.

5. At this juncture, the learned Counsel for the petitioner submitted that in so far as the petitioner is concerned, there is no previous case against the petitioner.

6. Taking into consideration the facts and circumstances of the case and considering the period of incarceration by the petitioner from 20.05.2020, 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; (b) the petitioner shall execute two sureties for a sum of Rs.10,000/- (Rupees ten thousand only) each, before the Judicial Magistrate-II, Chengalpattu. on or before 07.08.2020, 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 daily at 10.30 a.m. until further orders.

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

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

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

(h) 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];

(i) 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.

-sd/- 07/07/2020 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.II, CHENGALPATTU 2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

3 THE INSPECTOR OF POLICE, GUDUVANCHERRY POLICE STATION, KANCHEEPURAM DISTRICT.

4 THE SUPERINTENDENT, CENTRAL PRISON, PUZHAL, CHENNAI CC to M/S. R.SASIKUMAR Advocate on payment of necessary charges CRL OP.10185/2020 Date :07/07/2020 RVR 01/09/2020