Madhan@Madhanagopal v. State Of Tamilnadu, Represented By Its
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 09.09.2020 CORAM :
THE HON'BLE MR. JUSTICE A.D.JAGADISH CHANDIRA Crl.O.P.No.13089 of 2020 Madhan @ Madhanagopal ... Petitioner Vs.
State of Tamil Nadu ... Respondent Represented by its The Inspector of Police M2, Madhavaram Milk Colony Police Station Madhavaram, Chennai 600 051 (Crime No.2607 of 2020) PRAYER: Criminal Original Petition is filed under Section 439 of Criminal Procedure Code to enlarge the petitioner on bail as against the case pending on the file of the respondent police in Crime No.2607 of 2020.
For Petitioner : Mr.B.Kalaiarasan For Respondent : Mr.T.Shunmugarajeswaran Government Advocate (Crl. Side)
ORDER
(The case has been heard through video conference) The petitioner, who was arrested and remanded to judicial custody on 04.08.2020 for the offences punishable under Section 341, 294(b), 336, 427, 392 and 506(ii) IPC, in Crime No.2607 of 2020, on the file of the respondent police, seeks bail. 2.The case of the prosecution as per the defacto complainant one Balamurugan is that he is running a petty shop near the Toll plaza of 200 feet By-pass Road, and that on 04.08.2020 at about 8.30 am. the petitioner along with two other accused came in an auto and threatened him with knife point and robbed a sum of Rs.1,600/- and also his cell phone.
3.The learned counsel appearing for the petitioner would submit that the petitioner is A1 in this case. He would further submit that the petitioner has been granted bail in other cases. He would further submit that the petitioner's wife is in the advanced stage of pregnancy. He would further submit that the petitioner is
prepared to abide by any stringent conditions that to be imposed by this Court.
4.The learned Government Advocate (Criminal Side) would submit that the petitioner is A1 against whom there are three previous cases. He would further submit that on instructions that the petitioner's wife is in the advanced stage of pregnancy. 5.Taking into consideration of the facts and circumstances and the submissions made by the learned counsels and also considering the period of incarceration suffered by the petitioner, this Court is inclined to grant bail to the petitioner subject to the following conditions:
(a) Accordingly, the petitioner is ordered to be released on bail on condition to execute his own bond for a sum of Rs.10,000/- (Rupees ten thousand only) before the Superintendent of the concerned prison, in which the petitioner has been confined and thereafter on his release;
(b)the petitioner shall within a period of two weeks from the date of commencement of the Court's normal functioning, execute two sureties for a sum of Rs.10,000/- (Rupees ten thousand only) each (sureties should be his parents), for a likesum to the satisfaction of the learned Judicial Magistrate, Madhavaram, Thiruvallur District, failing which, the bail granted by this Court shall stand dismissed automatically;
(c) the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the learned Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity;
(d) the petitioner shall on his release from prison, report before the respondent police everyday at 10.30 a.m. and 5.30 p.m. until further orders.
(e) the petitioner shall not commit any offences of similar nature;
(f) the petitioner shall not abscond either during investigation or trial;
(g) the petitioner shall not tamper with evidence or witness either during investigation or trial;
(h) on breach of any of the aforesaid conditions, the learned Judicial 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];
(i) if the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.
6. With the above directions, this Criminal Original Petition is ordered.
-sd/- 09/09/2020 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 MADHAVARAM, THIRUVALLUR DISTRICT 2 THE CHIEF JUDICIAL MAGISTRATE THIRUVALLUR. [FOR INFORMATION] 3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
4 THE INSPECTOR OF POLICE, M2, MADHAVRAM MILK COLONY POLICE STATION, MADHAVARAM, CHENNAI-600051.
5 THE SUPERINTENDENT, CENTRAL PRISON, PUZHAL, CHENNAI CC to M/S. B.KALAIARASAN Advocate on payment of necessary charges CRL OP.13089/2020 Date :09/09/2020 TA-14/09/2020