Praveen Kumar v. The State Rep.By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 31.08.2020 CORAM :
THE HON'BLE MR. JUSTICE A.D.JAGADISH CHANDIRA Crl.O.P.No.13321 of 2020 Praveenkumar ... Petitioner Vs.
The State Represented by Inspector of Police, M-5, Ennore Police Station, Chennai - 600 057.
Crime No.2279 of 2020. ... Respondent PRAYER: Criminal Original Petition is filed under Section 439 of Criminal Procedure Code to enlarge the petitioner on bail in connection with case in Crime No.2279 of 2020 pending investigation on the file of the Respondent.
For Petitioner : Mr.M.Vinoth For Respondent : Mr.T.Shunmugarajeswaran Government Advocate (Crl. Side)
O R D E R
(The case has been heard through video conference) The petitioner, who was arrested and remanded to judicial custody on 25.06.2020 for the offences punishable under Section 397 IPC in Crime No.2279 of 2020, seeks bail.
2.The case of the prosecution as per the defacto complainant Samundeeshwari is that on 25.06.2020, while she was on her way to her relatives house at Thiruvottriyur, the petitioner and some other persons came in two wheeler and waylaid her and after threatening her, robbed a cell phone from her.
3.The learned counsel appearing for the petitioner would submit that the petitioner is innocent and he has been falsely implicated in this case as he is the friend of A1. He further submitted that as far as the petitioner is concerned there is no previous case and the petitioner is in custody from 25.06.2020.
4.The learned Government Advocate (Crl. Side) would submit that the petitioner along with the other accused waylaid the defacto complainant and threatened with knife and robbed cell phone from her. He would submit that as far as the petitioner is concerned there is no previous case and the other accused has one previous case.
5.Taking into consideration of the facts and circumstances, considering the submissions made by the learned counsel, and also considering the period of incarceration suffered by the petitioner from 25.06.2020, 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) Thereafter, the petitioner shall within a period of two weeks after lifting of lockdown or the commencement of the Court's normal functioning whichever is earlier, and execute two sureties for a sum of Rs.10,000/- (Rupees ten thousand only), before the learned Judicial Magistrate, Thiruvottiyur, 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 on his release from prison, shall 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/- 31/08/2020 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, THIRUVOTTIYUR 2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
3 INSPECTOR OF POLICE, M-5 ENNORE POLICE STATION, CHENNAI-600 057.
4 THE SUPERINTENDENT, CENTRAL PRISON, PUZHAL, CHENNAI CC to M/S.M.VINOTH Advocate on payment of necessary charges CRL OP.13321/2020 Date :31/08/2020 RVR 10/09/2020