Ellappan v. Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Thursday, the Nineteenth day of May Two Thousand Twenty Two PRESENT The Hon`ble Mr Justice N. ANAND VENKATESH CRIMINAL ORIGINAL PETITION No.11772 of 2022 ELLAPPAN [ PETITIONER / ACCUSED ] Vs STATE REP. BY [ RESPONDENT ] INSPECTOR OF POLICE ORAGADAM POLICE STATION, ORAGADAM, SRIPERUMBUDUR TALUK, KANCHIPURAM DISTRICT.

CRIME NO.164 OF 2022.

For Petitioner : M/S.T.SUNDARAVADANAM 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 14.04.2022, for the alleged offence under Sections 120-B, 407, 420, 465, 468, 471, 381 of IPC in Crime No.164 of 2022 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that some of the employees of the Company colluded with one Venkatesan and Kumaresan, had stolen 105 tons of Iron rods in three trailer lorries. There are totally 12 accused persons in this case and the petitioner has been arrayed as A4.

3. Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor for the respondent.

4. The petitioner was working as a Crane Operator in the Company and the entire stolen properties have been recovered from the accused persons. There are no previous cases against the petitioner and already one of the co-accused viz., A10 was granted anticipatory bail by this Court. The petitioner has already suffered incarceration for nearly 36 days.

5. In view of the above, this Court is inclined to enlarge the petitioner on bail subject to the following conditions.

6. Accordingly, the petitioner is ordered to be released on bail on his executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties, each for a like sum to the satisfaction of the learned Judicial Magistrate, Sriperumbudur, Kancheepuram District, 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 daily 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/- 19/05/2022 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, SRIPERUMBUDUR, KANCHEEPURAM DISTRICT 2 THE CHIEF JUDICIAL MAGISTRATE CHENGALPET [FOR INFORMATION] 3 THE INSPECTOR OF POLICE ORAGADAM POLICE STATION, ORAGADAM, SRIPERUMBUDUR TALUK, KANCHIPURAM DISTRICT.

4 THE SUPERINTENDENT, CENTRAL PRISON, PUZHAL, CHENNAI-600 066 5 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

+1 CC to M/S.T.SUNDARAVADANAM Advocate on payment of necessary charges SR.NO.7489 CRL OP.11772/2022 Date :19/05/2022 JPA 19/05/2022