Surya @ Karuppu Surya v. Inspector Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 29.04.2022
CORAM:
THE HON'BLE Dr. JUSTICE G.JAYACHANDRAN Crl.O.P.No.10057 of 2022 Surya @ Karuppu Surya .. Petitioner Vs.
The State rep. by The Inspector of Police, H1 Washermenpet P.S., Chennai.
(Crime No.150 of 2022) .. Respondent PRAYER: Criminal Original Petition has been filed under Section 439 of Cr.P.C praying to enlarge the petitioner on bail in Crime No.150 of 2022 pending investigation on the file of respondent police. For Petitioner : M/s.R.Saritha For Respondent : Mrs.G.V.Kasthuri, Additional Public Prosecutor
ORDER
The petitioner, who was arrested on 08.02.2022 for the offences punishable under Sections 341, 294(b), 323, 397 and 506(ii) of IPC Crime No.150 of 2022, seeks bail.
2.The petitioner herein was arrested in connection with a case of robbery. As per the complaint, this petitioner along with 7 others had waylaid the defacto complainant and had robbed Rs.1000/- from him. 3.Learned counsel for the petitioner states that the petitioner is in prison since 08.02.2022 and to prove his innocence, liberty is required.
4.Learned Additional Public Prosecutor appearing for the respondent submits that the petitioner is a history sheeter, who is having 10 criminal cases and some of the cases are robbery and theft.
5.Considering the above fact, 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 Metropolitan Magistrate-XV, George Town, Chennai;
(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 appear before the Investigating Officer twice daily at 10.00 a.m. and 05.00 p.m., until further orders;
(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/- 29/04/2022 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 METROPOLITAN MAGISTRATE, NO.XV, GEORGE TOWN, CHENNAI.
2 THE CHIEF METROPOLITAN MAGISTRATE, EGMORE, CHENNAI [FOR INFORMATION] 3 THE INSPECTOR OF POLICE H1, WASHERMENPET PS, CHENNAI, 4 THE SUPERINTENDENT, CENTRAL PRISON, PUZHAL.
5 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
+1 CC to M/S.R.SARITHA Advocate on payment of necessary charges SR.NO.6599 CRL OP.10057/2022 Date :29/04/2022 JPA 29/04/2022