Aruloli v. The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 23.04.2024

CORAM

THE HON'BLE MRS.JUSTICE T.V.THAMILSELVI Crl.O.P.No.9843 of 2024 Aruloli ... Petitioner Vs.

State Rep by.

The Inspector of Police F-2 Egmore Police Station, Chennai.

Crime No. 74 of 2024 ... Respondent PRAYER: Criminal Original Petition filed under Section 439 of Cr.P.C., pleased to enlarge the petitioner on bail pending investigation in crime. No. 74 of 2024 on the file of the respondent police. For Petitioner : Mr.S.Palanivel For Respondent : Mr.V.Meganathan, B.A., B.L., Government Advocate (Crl. Side) 1/5

O R D E R

The petitioner, who was arrested and remanded to judicial custody on 29.02.2024 for the alleged offences punishable under Sections Section 294(b), 323, 336, 341, 397 and 506(ii) IPC in crime No. 74 of 2024 on the file of the respondent, seeks bail.

2. The case of the prosecution is that the petitioner along with other accused persons waylaid the defacto complainant robbed a sum of Rs.360/- and cell from him. Hence, the case.

3. The learned counsel for the petitioner submits that the petitioner has been falsely implicated in this case. On the other side, the learned Government Advocate (Crl. side) submits that accused persons waylaid the defacto complainant robbed a sum of Rs.360/- and cell from him and also the petitioner is having 13 previous cases. He raised objection to grant bail.

4. Considering the period of incarceration undergone by the petitioner and also the investigation is almost completed. Hence, this Court is inclined to grant bail to the petitioner. 2/5

5. 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 ( one must be a blood surety), each for a like sum to the satisfaction of the learned XIV, Metropolitan Magistrate, Egmore, Chennai, 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. Further, the petitioner is directed to deposit a sum of Rs.10,000/- (Ten Thousand Only) to the credit of Madras High Court Advocate Clerks Welfare Association, Chennai.A/c No. 484077244Bank : Indian BankBranch : High Court.IFSC Code : IDIB000M157 within a period of two weeks from the date of receipt of a copy of this order ;

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[c] the petitioner shall not abscond either during investigation or trial;

[d] the petitioner shall not tamper with evidence or witness 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 abscond, a fresh FIR can be registered under Section 229A IPC.

23.04.2024 pbl 4/5

T.V.THAMILSELVI,J.

pbl To

1. The XIV, Metropolitan Magistrate, Egmore, Chennai

2. The Inspector of Police F-2 Egmore Police Station, Chennai

3. The Central Jail, Puzhal.

4. The Public Prosecutor, High Court of Madras.

Crl.O.P.No.9843 of 2024 23.04.2024 5/5