Krishnan @ Ramakrishnan @ Kittu v. State Of Tamilnadu,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
( Criminal Jurisdiction ) Monday, the Twenty Third day of May Two Thousand Twenty Two PRESENT The Hon`ble Mr Justice N. ANAND VENKATESH CRIMINAL ORIGINAL PETITION No.12260 of 2022 KRISHNAN @ RAMAKRISHNAN @ KITTU [ PETITIONER / ACCUSED ] Vs STATE OF TAMILNADU, [ RESPONDENT ] STATION HOUSE OFFICER, MOONGILTHURAIPATTU POLICE STATION, KALLAKURICHI, CRIME NO. 14 OF 2022 For Petitioner : M/S.R.THAMARIASELVAN Advocate For Respondent : M/S.E.RAJ THILAK, Additional Public Prosecutor PETITION FOR BAIL 439 Cr.P.C.
ORDER : The Court Made the following order :- The petitioner, who was arrested and remanded to judicial custody on 16.02.2022 for the alleged offence under Sections 392 and 397 of I.P.C in Crime No.14 of 2022 on the file of the respondent police, seeks bail.
2. The case of the prosecution is that the petitioner is said to have threatened the de-facto complainant and at a knife point, is said to have robbed a sum of Rs.1,000/-.
3. It is stated that there are 19 previous cases against the petitioner and petitioner was also detained under Act 14 of 1982 by a Detention Order dated 04.03.2022 and later, it was revoked by proceedings dated 06.05.2022.
4. Heard Mr.R.Thamaraiselvan, learned counsel for the petitioner and Mr.E.Raj Thilak, learned Additional Public Prosecutor (Crl.Side) for the respondent Police.
5. Taking into consideration, the facts and circumstances of the case and also of the fact that the petitioner had already suffered incarceration for nearly 97 days and the Detention Order passed against the petitioner was also revoked by proceedings dated 06.05.2022, this Court is inclined to grant bail to the petitioner.
6. Accordingly, the petitioner is ordered to be released on bail on his executing a bond for a sum of Rs.5,000/- (Rupees Five Thousand only) with two sureties, each for a like sum to the satisfaction of the learned Judicial Magistrate Court, Sankarapuram and on further conditions that:- [a] 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. [b] the petitioner shall report before the respondent police on every Monday and Friday at 10.30 a.m. until further orders. [c] the petitioner shall not tamper with evidence or witness either during investigation or trial.
[d] the petitioner shall not abscond either during investigation or trial.
[e] 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]. [f] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.
-sd/- 23/05/2022 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, SANKARAPURAM 2 THE CHIEF JUDICIAL MAGISTRATE VILLUPURAM [FOR INFORMATION] 3 THE STATION HOUSE OFFICER, MOONGILTHURAIPATTU POLICE STATION, KALLAKURICHI, 4 THE SUPERINTENDENT, CENTRAL PRISON, CUDDALORE.
5 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
+1 CC to M/S.R.THAMARIASELVAN Advocate on payment of necessary charges SR.NO.7770 CRL OP.12260/2022 Date :23/05/2022 JPA 23/05/2022