Muniraj v. State Represented By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 17.06.2021
CORAM:
THE HON'BLE MR.JUSTICE M.DHANDAPANI Crl.O.P.No.9960 of 2021 1.Muniraj 2.Arulappa @ Arunappa ... Petitioners Vs.
The State Represent by The Inspector of Police, B-3, Kanchi Taluk Police Station, Kanchipuram.
Crime No.418 of 2021.
... Respondent PRAYER: Criminal Original petition has been filed under Section 439 of Cr.P.C, prayed to enlarge the petitioners on bail in connection with the case in Cr.No.418 of 2021 pending investigation on the file of the respondent Police.
For Petitioners : Mr.A.Saranraj For Respondent : Mr.A.Gopinath Government Advocate (Crl side)
ORDER
The petitioners, who were arrested on 18.04.2021 and remanded to judicial custody for the offences under Section 392 IPC in Cr.No.418 of 2021, on the file of the respondent police, seeks bail.
2. The case of the prosecution is that the defacto complainant is a lorry driver involving in loading and unloading of goods in various parts of the State. While unloaded flowers and proceeded to Bangalore by collecting his collection money, the petitioners / accused persons burked his lorry and stolen the cash and Cellphone and fled away. Hence he lodged a complaint before the respondent Police.
3. The learned counsel for the petitioners submitted 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 18.04.2021. 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 there were totally six accused. A1 and A2 are before this Court and they belong to Karnataka. There is no previous case against the petitioners and the properties have been recovered. One of the prime accused, namely, one Udhayakumar is yet to be secured and the investigation is almost completed.
5. Considering the facts of period of incarceration suffered by the petitioners and the recovery of stolen articles 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 Jailer, Sub Jail, Kanchipuram, 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) each with two sureties each for a like sum to the satisfaction of the learned Judicial Magistrate No.
II, Kanchipuram; (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 petitioners 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/- 17/06/2021 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,KANCHIPURAM 2 THE CHIEF JUDICIAL MAGISTRATE CHENGALPATTU(FOR INFORMATION) 3 THE INSPECTOR OF POLICE, B-3, KANCHI TALUK POLICE STATION, KANCHIPURAM.
4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
5 THE OFFICER INCHARGE, SUB JAIL,KANCHIPURAM CC to M/S.A.SARANRAJ Advocate on payment of necessary charges Sr.6590 CRL OP.9960/2021 Date :17/06/2021 RVR 18/06/2021