Naveen Kumar v. The State Rep.By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 30.06.2021
CORAM
THE HONOURABLE MR.JUSTICE M.DHANDAPANI Crl.O.P.No.11211 of 2021 1.Naveen Kumar 2.Nagaraj ... Petitioners Vs.
The State Rep. by Inspector of Police, Kelamangalam Police Station, Krishnagiri District.
(Crime No.138 of 2021) ... Respondent Prayer: Petition filed under Section 439 of Cr.P.C., seeking to release the petitioners on bail pending investigation in Crime No.138 of 2021 on the file of the respondent.
For Petitioners: Mr.M.P.Saravanan For Respondent : Mr.A.Gopinath Government Advocate (Crl. Side)
ORDER
The petitioners who were arrested and remanded to judicial custody on 17.06.2021 for the offence under Section 399 of I.P.C. in Cr.No.138 of 2021 on the file of the respondent police, seek bail. 2.It is the case of the prosecution that the petitioners are alleged to have been preparing to commit dacoity.
3.The learned counsel appearing for the petitioners submitted that the petitioners have not committed any offence as alleged by the prosecution and that they have been falsely implicated in this case. 4.The learned Government Advocate (Crl. Side) submitted that there is no previous case as against the petitioners.
5.Considering the period of incarceration undergone by the petitioners and the fact that there is no previous case as against the petitioners, I
am inclined to grant bail to the petitioners. 6.Accordingly, the petitioners are ordered to be released on bail on the following conditions:
(a) the petitioners shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand Only) each, before the Superintendent of Central Prison, Salem, in which the petitioners are confined and on such execution the petitioners shall be released from prison; (b) within a period of four weeks after the release, the petitioners shall execute a bond for a sum of Rs.
10,000/- (Rupees Ten Thousand Only) each, with two sureties, each for a like sum to the satisfaction of the learned District Munsif Cum Judicial Magistrate, Denkanikottai; (c) in case of any difficulty in executing the said bond along with the sureties before the concerned Magistrate within the time stipulated above, the petitioners are permitted to file appropriate petition within a period of four weeks 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 thegrant of extension of time for accepting the bond and sureties in accordance with law.
(d)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; (e)the petitioners shall report before the respondent police, daily at 10.30 a.m. until further orders;
(f)the petitioners shall not tamper with evidence or witness either during investigation or trial;
(g)the petitioners shall not abscond either during investigation or trial;
(h)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 petitioners 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;
(i)if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.
-sd/- 30/06/2021 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 DISTRICT MUNSIF CUM JUDICIAL MAGISTRATE, DENKANIKOTTAI.
2 THE CHIEF JUDICIAL MAGISTRATE KRISHNAGIRI [FOR INFORMATION].
3 THE INSPECTOR OF POLICE, KELAMANGALAM POLICE STATION, KRISHNAGIRI DISTRICT.
4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
5 THE SUPERINTENDENT, CENTRAL PRISON, SALEM.
CC to M/S.M.P.SARAVANAN Advocate on payment of necessary charges CRL OP.11211/2021 Date :30/06/2021 MN-01/07/2021