Saravanan v. State Represented By

THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 24.06.2021

CORAM:

THE HON'BLE MR.JUSTICE M.DHANDAPANI Crl.O.P.No.10865 of 2021 Saravanan ... Petitioner Vs.

State rep. by its The Inspector of Police, Selaiyur Police Station, Chennai.

(Crime No.384 of 2021) ... Respondent PRAYER: Criminal Original petition has been filed under Section 439 of Cr.P.C, prayed to enlarge the petitioner on bail in Crime No.384 of 2021 on the file of the respondent police. For Petitioner : Mr.M. Arun For Respondent : Mr.A.Gopinath Government Advocate (Crl.Side)

ORDER

The petitioner who was arrested on 13.06.2021 and remanded to judicial custody for the offences under Sections 147, 148, 341, 294(b), 336, 427, 392, 397, 506(ii) of I.P.C in Cr.No.384 of 2021 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that the petitioner threatened the defacto complainant at knife point and robbed a sum of Rs.1,000/- from him. Hence, the law enforcing registered a case against the petitioner.

3. The learned counsel for the petitioner submitted that the petitioner is no way connected with the alleged offence and he has been falsely implicated in this case and the petitioner has been in jail from 13.06.2021. Therefore, he prays to grant bail to the petitioner. On instructions, further submits that the petitioner, without prejudice to his rights, is ready to deposit a sum of Rs.2,000,/- to the credit of the crime number and also conceded the same to be disbursed to the defacto complainant.

4. The learned Government Advocate (Crl.Side) appearing for the respondent submits that there is no previous case pending against the petitioner.

5. Considering the period of incarceration suffered by the petitioner and also taking into the submission made by the learned counsel that the petitioner is ready to deposit Rs.2,000/- to the credit of Crime No. and also the present COVID-19 pandemic situation, this Court is inclined to grant bail to the petitioner subject to the following conditions:

(a) the petitioner shall deposit a sum of Rs.2,000/- (Rupees Two thousand Only) to the credit of Cr.No.384 of 2021 before the Judicial Magistrate No.I, Tambaram within a period of four weeks from the date of receipt of a copy of this order. On such deposit being made, the learned Judicial Magistrate shall disburse Rs.1,500/- to the defacto complainant under due acknowledgement.

(b) the petitioner shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) before the Superintendent of the Sub Jail, Chengalpet, in which the petitioner is confined and on such execution the petitioner shall be released from prison; (c) 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 a like sum to the satisfaction of the Judicial Magistrate no.1, Tambaram.

(d) 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. (e)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/- 24/06/2021 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.I, TAMBARAM 2 THE CHIEF JUDICIAL MAGISTRATE CHENGALPATTU(FOR INFORMATION) 3 THE INSPECTOR OF POLICE, SELAIYUR POLICE STATION, CHENNAI.

4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

5 THE OFFICER INCHARGE, SUB JAIL, CHENGALPATTU CC to M/S.M.ARUN Advocate on payment of necessary charges CRL OP.10865/2021 Date :24/06/2021 RVR 25/06/2021