Ragavendra @ Kumaresan v. State Rep By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 08.07.2020 CORAM :
THE HON'BLE Mr. JUSTICE A.D.JAGADISH CHANDIRA Crl.O.P.No.10290 of 2020 Ragavendra (Kumaresan) ... Petitioner - Vs. - State Rep. by The Inspector of Police, Perambalur Police Station, Perambalur District.
(Crime No.1657 of 2020).
... Respondent Prayer: Criminal Original Petition is filed under Section 439 of Criminal Procedure Code, to enlarge the petitioner on bail pending investigation in Crime No.1657 of 2020 on the file of the respondent police.
For Petitioner : Mr.A.Ethayaselvan For Respondent : Mr.T.Shanmugarajeswaran, 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 15.06.2020 for the offences punishable under Section 399 of the Indian Penal Code, 1860, in Crime No. 1657 of 2020 on the file of the respondent police, seeks bail.
2.The case of the prosecution is that when the respondent police were at their usual rounds, they found that the petitioner along with other accused making preparation for committing robbery and that they were found in possession of Aruval and Chilli powder. 3.At this juncture, the learned counsel for the Petitioner would submit that the petitioner has three previous cases against him relating to the year of 2015 and 2017 and that he has not involved in any crime for the past three years and only for the purpose of statistics, the petitioner has been falsely implicated in this case. Hence, he prays for grant of bail to the petitioner.
4.The learned Government Advocate (Crl. Side) appearing for the respondent would submit that there are totally 4 accused in this case and that during the usual rounds, the respondent police found the Petitioner and other accused were making preparation for committing robbery. Hence, he vehemently opposed to grant of bail to the petitioner.
5.Taking into consideration of the facts and circumstances of the case, 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 learned Judicial Magistrate, Perambalur, 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 everyday 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/- 08/07/2020 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, PERAMBALUR.
2 THE OFFICER INCHARGE SUB JAIL, PERAMBALUR.
3 THE SUPERINTENDENT, CENTRAL PRISON, TRICHY.
4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
5 THE INSPECTOR OF POLICE, PERAMBALUR POLICE STATION, PERAMBALUR DISTRICT.
CC to M/S.A.ETHAYASELVAN Advocate on payment of necessary charges CRL OP.10290/2020 Date :08/07/2020 cs 04/08/2020