Srikanth v. State Rep By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 20.05.2021
CORAM:
THE HON'BLE MR.JUSTICE M.DHANDAPANI Crl.O.P.Nos.9502 and 9528 of 2021
1. Srikanth
2. Gopalakrishnan ... Petitioners in Crl.O.P.No.9502 of 2021 Santhosh ... Petitioner in Crl.O.P.No.9528 of 2021 Vs.
State Rep by, The Inspector of Police, R-5, Virugambakkam Police Station, Chennai - 600 087.
(Crime No.174 of 2021) ... Respondent PRAYER: Criminal Original petitions have been filed under Section 439 of Cr.P.C, prayed to release the petitioners on bail pending investigation in Crime No.174 of 2021 on the file of the respondent. For Petitioners : Mr. M.Engles Mr.K.Thenrajan For Respondent : Mr.E.Rajthilak Government Advocate (Crl.Side)
ORDER
The petitioners who were arrested on 01.05.2021 and remanded to judicial custody for the offences under Section 395 of I.P.C in Cr.No.174 of 2021 on the file of the respondent police, seeks bail.
2. The case of the prosecution is that the petitioners along with other accused persons had abused and assaulted the defacto complainant and had stolen a sum of Rs.500/- and a headset from him. Hence, the complaint.
3. The learned counsel for the petitioners submit that the petitioners are no way connected with the alleged offence and they have been falsely implicated in this case and the petitioners have been in jail from 01.05.2021. Therefore, he prays to grant bail to the petitioners.
4. The learned Government Advocate (Crl.Side) vehemently opposed the grant of bail by stating that the petitioners along with other accused persons had abused and assaulted the defacto complainant and had stolen a sum of Rs.500/- and a headset from him. He further submitted that the investigation is almost completed.
5. Considering the period of incarceration suffered by the petitioners and also the present COVID-19 pandemic situation, this Court is inclined to grant bail to the petitioners subject to the following conditions:
(a) the petitioners shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) before the Superintendent of the Central Prison, Puzhal, Chennai in which the petitioners are confined and on such execution the petitioners shall be released from prison; (b) Within a period of four weeks after the release, the petitioners shall execute a bond for Rs.10,000/-(Rupees Ten Thousand only) with two sureties each for a like sum to the satisfaction of XXIII Metropolitan Magistrate Court, Saidapet.
(c ) In case of any difficulty in executing the said bond along with the sureties before the concerned Magistrate within the time stipulated above, the petitioners are permitted to file appropriate petition within a period of four week therefrom before the concerned Magistrate for extension of time for executing the bond along with sureties and if any such application is filed, the concerned Magistrate shall decide on the grant of extension of time for accepting the bond and sureties in accordance with law. Failing filing of any such application within the time prescribed above, the bail granted by this Court would stand automatically vacated.
(d)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; (e)the petitioners shall report before the respondent police, daily at 10.30 a.m.
(f)the petitioner shall not tamper with evidence or witness either during investigation or trial;
(g)the petitioners shall not abscond either during investigation or trial;
(h)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; (i)if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.
-sd/- 20/05/2021 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 METROPOLITAN MAGISTRATE NO.XXIII, SAIDAPET, CHENNAI.
2 THE CHIEF METROPOLITAN MAGISTRATE, EGMORE, CHENNAI [FOR INFORMATION] 3 THE SUPERINTENDENT, CENTRAL PRISON, PUZHAL, CHENNAI.
4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
5 THE INSPECTOR OF POLICE, R-5, VIRUGAMBAKKAM POLICE STATION, CHENNAI - 600 087.
CC to M/S.M.ENGLES Advocate on payment of necessary charges CRL OP.Nos.9502 & 9528/2021 Date :20/05/2021 cs 26/05/2021