Madras High CourtCRL OP/9181/2023granted

Snega v. The State Rep.By

2023-05-05Honourable Mr Justice G.K. Ilanthiraiyan6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 05.05.2023

CORAM

THE HON'BLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No.9181 of 2023 Snega ..Petitioner Vs.

The State represented by, The Inspector of Police, Kundarthur Police Station, Chennai District.

(Crime No.139 of 2023) ..Respondent PRAYER:Criminal Original Petition is filed under Section 439 of Cr.P.C. praying to enlarge the petitioner on bail in connection with the Crime No.139 of 2023 on the file of the Respondent Police. For Petitioner : Mr.D.Padmanabhan For Respondent : Mr.A.Damodaran, Additional Public Prosecutor

ORDER

The petitioner, who was arrested and remanded to judicial custody on 06.03.2023 for the offence punishable under Sections 392 and 397 of IPC, in Crime No.139 of 2023 on the file of the respondent police,

seeks bail.

2. The case of the prosecution is that there are totally 5 accused, in which, the petitioner is arrayed as A2. The petitioner and the victim are residing in same area. On the date of occurrence, the petitioner called the victim and driven him to come to a remote area, where the petitioner along with other accused threatened him at knife point and robbed 2 1⁄2 sovereigns of gold chain, 1⁄2 sovereign of gold ring and a mobile phone from him. Hence, the present case.

3. The learned counsel appearing for the petitioner would submit that the petitioner is an innocent person and he has been falsely implicated in this case and he is no way connected with the offence as alleged by the prosecution. Hence, he prays for grant of bail to the petitioner.

4. The learned Additional Public Prosecutor appearing for the respondent police would submit that there are totally 5 accused, in which,

the petitioner is arrayed as A2. The petitioner and the victim are residing in same area. On the date of occurrence, the petitioner called the victim and driven him to come to a remote area, where the petitioner along with other accused threatened him at knife point and robbed 2 1⁄2 sovereigns of gold chain, 1⁄2 sovereign of gold ring and a mobile phone from him. Hence, he vehemently opposed to grant bail to the petitioner.

5. It is seen that the co-accused were already granted bail by this Court. The petitioner was arrested and remanded to judicial custody on 06.03.2023.

6. Considering the above facts and circumstances of the case, and also considering the period of incarceration undergone by the petitioner from 06.03.2023, this Court is inclined to grant bail to the petitioner.

7. 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, Sripreumbudhur, Kanchipuram 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., and 05.00 pm, for a period of four weeks and thereafter as and when required for interrogation.

[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 absconds, a fresh FIR can be registered under Section 229A IPC.

05.05.2023 mn

To 1.The Judicial Magistrate, Sripreumbudhur, Kanchipuram District.

2. The Inspector of Police, Kundarthur Police Station, Chennai District.

3. The Special Prison for Women, Puzhal.

4.The Public Prosecutor, High Court of Madras.

G.K.ILANTHIRAIYAN, J.

mn Crl.O.P.No.9181 of 2023 05.05.2023