Raju @ David v. State Rep By

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.12089 of 2022 RAJU @ DAVID [ PETITIONER / ACCUSED ] Vs STATE REP BY [ RESPONDENT ] THE INSPECTOR OF POLICE, THIRUCHENGODU RURAL POLICE STATION, NAMAKKAL DISTRICT, NAMAKKAL.

(CRIME NO.53/2022) For Petitioner : M/S J.DELIBAN 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 in this case, who was arrested and remanded to judicial custody on 11.2.2022 for alleged offence under Sections 392 of the Indian Penal Code, seeks bail.

2. I have heard the learned counsel for the petitioner and the learned Additional Public Prosecutor appearing for the respondent.

3. The case of the prosecution is that the petitioner was involved in a series of cases of chain snatching.

4. The learned Additional Public Prosecutor submits that the petitioner was repeatedly involved in chain snatching cases and the stolen jewels have also been recovered. He further submits that the investigation is still pending.

5. Taking into consideration the facts and circumstances of the case and also the the fact that the petitioner suffered incarceration for 101 days and the final report is yet to be filed in this case,

the petitioner will be entitled to statutory bail, however, subject to conditions.

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, Tiruchengode 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 learned Judicial Magistrate, Tiruchengode at 10.30 a.m and before the Inspector of Police, Tiruchengode Rural Police Station at 06.30 p.m, daily 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 petitioners 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, TIRUCHENGODE, NAMAKKAL DISTRICT.

2 THE CHIEF JUDICIAL MAGISTRATE NAMAKKAL. [FOR INFORMATION] 3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

4 THE INSPECTOR OF POLICE, THIRUCHENGODU RURAL POLICE STATION, NAMAKKAL DISTRICT, NAMAKKAL.

5 THE SUPERINTENDENT, CENTRAL PRISON, SALEM.

+1 CC to M/S J.DELIBAN Advocate on payment of necessary charges SR.NO.7761 CRL OP.12089/2022 Date :23/05/2022 TA-24/05/2022