Ranjith@Azhagappan v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 15.06.2021

CORAM:

THE HON'BLE MR.JUSTICE M.DHANDAPANI Crl.O.P.No.10415 of 2021 Ranjith @ Azhagappan ... Petitioner Vs.

State Rep by, ... Respondent The Inspector of Police, Vanur Police Station, Villupuram District.

(Crime No.75 of 2021) PRAYER: Criminal Original petition has been filed under Section 439 of Cr.P.C, prayed to enlarge the petitioner on bail in Crime No.75 of 2021 on the file of the respondent police.

For Petitioner : Mr.S. Sasikumar For Respondent : Mr.A. Gopinath Government Advocate

ORDER

The petitioner who was arrested on 29.04.2021 and remanded to judicial custody for the offences under Section 397 of I.P.C in Cr.No.75 of 2021 on the file of the respondent police, seek bail.

2. The case of the prosecution is that the petitioner robbed a sum of Rs.500/- from the defacto complainant. Hence, the law enforcing agency registered a case against the petitioner.

3. The learned counsel for the petitioner submits that the petitioner has not committed any offence as alleged by the prosecution and he has been falsely implicated in this case and has been in jail from 29.04.2021. On instructions, learned counsel further submits that without prejudice to his defence and contentions, the petitioner, on his own volition, is ready to deposit Rs.10,000/- in favour of The Dean, Villupuram Medical College, Mundiyapakkam Village for treating Covid-19 patients and ready to deposit Rs.1,000/- to the credit of crime No.75 of 2021. Therefore, he prays to grant bail to the petitioner.

4. The learned Government Advocate( Crl side) opposed the grant of bail by stating that the petitioner robbed a sum of Rs.500/- from the defacto complainant. He would further submit that investigation is almost completed.

6. Taking into consideration the submissions advanced on behalf of the petitioner and also the fact that the petitioner have wilfully and on his own volition agreed to pay cost, as may be ordered by this Court and also considering the present COVID-19 pandemic situation, this Court is inclined to grant bail to the petitioner with the following conditions.

(a) the petitioner shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) before the Superintendent of the Central Prison,Cuddalore , in which the petitioner is confined and on such execution the petitioner shall be released from prison;

(b) Within a period of four weeks after the release, the petitioner shall execute a bond for Rs.10,000/- (Rupees Ten Thousand only) with two sureties each for like sum to the satisfaction of the learned learned District Munsif Cum Judicial Magistrate, Vanur.

(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 petitioner is 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 petitioner shall deposit a sum of Rs.10,000/- ( Rupees ten thousand only) in favour of The Dean, Villupuram Medical College, Mundiyapakkam Village for treating Covid-19 patients. The said payments shall be made through NEFT/RTGS/Cash/Demand Draft and acknowledgement of payment shall be produced before the learned District Munsif Cum Judicial Magistrate, Vanur , at the time of release on bail; the petitioner is further directed to deposit a sum of Rs.1,000/- to the credit of crime no.75 of 2021 which shall be disbursed to the defacto complainant by the trial Court upon filing a proper affidavit (e) the petitioner and 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;

(f)the petitioner shall report before the respondent police, daily at 10.30 a.m. until further orders; (g)the petitioner shall not tamper with evidence or witness either during investigation or trial; (h)the petitioner shall not abscond either during investigation or trial;

(i)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]; and;

(j)if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.

-sd/- 15/06/2021 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 PUBLIC PROSECUTOR HIGH COURT, MADRAS.

4 THE INSPECTOR OF POLICE, VANUR POLICE STATION, VILUPURAM DISTRICT.

5 THE SUPERINTENDENT, CENTRAL PRISON, CUDDALORE.

6 THE DEAN, VILLUPURAM MEDICAL COLLEGE, MUNDIYAPAKKAM VILLAGE.

CC to M/S S.SASIKUMAR Advocate on payment of necessary charges CRL OP.10415/2021 Date :15/06/2021 TA-16/06/2021