← Library
Madras High CourtCRL OP/9842/2021granted

Esakiyal Guna v. State Represented By

2021-06-04Honourable Mr Justice M. Nirmal Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 04.06.2021

CORAM:

THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR Crl.O.P.No.9842 of 2021 Esakiyal Guna ... Petitioner Vs.

State represented by Sub Inspector of Police, Thiruvannamalai Taluk Police Station, Thiruvannamalai District, (Crime No.199 of 2021) ... Respondent PRAYER: Criminal Original Petition has been filed under Section 439 of Cr.P.C, prayed to enlarge the petitioner on bail in Crime No.199 of 2021 pending investigation on the file of respondent police.

For Petitioner : Mr.R.Balakrishnan For Respondent : Mr.E.Raj Thilak Counsel appearing for Government of Tamil Nadu (Crl side)

ORDER

The petitioner who was arrested on 16.04.2021 and remanded to judicial custody for the offences punishable under Section 392 of IPC in Cr.No.199 of 2021 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that the petitioner along with other accused persons have waylaid the defacto complainant and threatened and snatched the two wheeler from the defacto complainant. Hence, the complaint was registered.

3. The learned counsel for the petitioner submitted that the petitioner is no way connected with the alleged offence and he has been falsely implicated in this case and the petitioner has been in jail from 16.04.2021 . He would further submit that the coaccused had already been granted bail by this Court in Crl.O.P.No.9820 of 2021 dated 03.06.2021. Therefore, he prays to grant bail to the petitioner.

4. The learned counsel appearing for Government of TamilNadu (Crl.Side) would submit that the property has been recovered and the investigation is almost completed. But, he vehemently opposed for grant of bail to the petitioner.

5 Considering the fact that the co-accused had already been released and the period of incarceration suffered by the petitioner and the present COVID-19 pandemic situations, this Court in inclined to grant bail to the petitioner, subject to the following conditions:

(a) the petitioner shall execute his own bond for a sum of Rs.10,000/- (Rupees Ten thousand only) before the Superintendent of the Central Prison, Vellore, in which the petitioner has been confined 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 -II, Thiruvannamalai, within a period of 15 days from the date of lifting of lockdown and commencement of regular functioning of Court below, 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) On release the petitioner shall report before the respondent police daily at 10.30 a.m., for a period of two weeks and thereafter as and when required for interrogation.

(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 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/- 04/06/2021 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 JUDICIAL MAGISTRATE NO.II, THIRUVANNAMALAI.

2 THE CHIEF JUDICIAL MAGISTRATE THIRUVANNAMALAI [FOR INFORMATION] 3 THE SUPERINTENDENT, CENTRAL PRISON, VELLORE.

4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

5 THE SUB INSPECTOR OF POLICE, THIRUVANNAMALAI TALUK POLICE STATION, THIRUVANNAMALAI DISTRICT.

+1CC to M/S.R.BALAKRISHNAN Advocate on payment of necessary charges SR.NO.6364 CRL OP.9842/2021 Date :04/06/2021 MK:07/06/2021