Ranjith @ Azhagappan v. The Inspector Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 04.06.2021
CORAM
THE HONOURABLE MR. JUSTICE M.NIRMAL KUMAR Crl.O.P.No.9849 of 2021 Ranjith @ Azhagappan ... Petitioner Vs.
The Inspector of Police, Vanur Police Station, Villupuram District.
(Crime No.1589 of 2020) ... Respondent Prayer: Criminal Original Petition filed under Section 439 Cr.P.C. to enlarge the petitioner on bail in Crime No.1589 of 2020 Pending investigation on the file of the Respondent Police. For Petitioner : Mr.S.Sasikumar For Respondent : Mr.E.Raj Thilak Government Advocate (Crl. side)
O R D E R
The petitioner, who was arrested and remanded to judicial custody on 29.04.2021 for the offence punishable under Sections 395 and 397 of IPC in Crime No.1589 of 2020 on the file of the respondent police, seeks bail.
2. The case of the prosecution is that the petitioner along with other accused robbed Rs.8 Lakhs belongs to the defacto complainant and the same is yet to be recovered. Based on the complaint, the respondent police registered a case against the petitioner and other accused.
3. The learned counsel for the petitioner submitted that the petitioner is an innocent person and he is no way connected with the alleged offence ad the false case has been foisted against him. The learned counsel further submitted that the petitioner is in judicial custody from 29.04.2021 and therefore, he prays for grant of bail to the petitioner.
4. The learned Government Advocate (Crl. side) submitted that one previous case is pending against the petitioner and the robbed money i.e. Rs.8 Lakhs is yet to be recovered. He further submitted that if the petitioner is released on bail, he will continue the same offence repeatedly during the lock down period. Hence, he objected for the grant of the bail.
5. Considering the facts and circumstances of the case and also considering the fact that investigation has been completed and charge sheet has also been filed, this Court is 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 Police, Sub-Jail, Tindivanam, in which the petitioner has been confined on her release;
(b) the petitioner shall execute two sureties for a sum of Rs.10,000/- (Rupees ten thousand only), before the learned District Munsif cum Judicial Magistrate, Vanur 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 DISTRICT MUNSIF CUM JUDICIAL MAGISTRATE, VANUR.
2 THE CHIEF JUDICIAL MAGISTRATE, VILLUPURAM [FOR INFORMATION] 3 THE OFFICER INCHARGE, SUB-JAIL, TINDIVANAM.
4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
5 THE INSPECTOR OF POLICE VANUR POLICE STATION, VILLUPURAM DISTRICT.
CC to M/S.S.SASIKUMAR Advocate on payment of necessary charges CRL OP.9849/2021 Date :04/06/2021 MK:07/06/2021