Madras High CourtCRL OP/11582/2021granted

V.Tamilarasan v. State Rep.By

2021-07-06Honourable Mr Justice M.Dhandapani3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 06.07.2021

CORAM:

THE HON'BLE MR.JUSTICE M.DHANDAPANI Crl.O.P.No.11582 of 2021

1. V.Tamilarasan

2. K.Akash ... Petitioners Vs.

The State Represent by The Inspector of Police, Thanipadi Police Station, Tiruvannamalai District.

Crime No.479 of 2021.

... Respondent PRAYER: Criminal Original petition has been filed under Section 439 of Cr.P.C, prayed to enlarge the petitioners on bail in connection with the case in Cr.No.479 of 2021 pending investigation on the file of the respondent Police.

For Petitioners: Mr.M.Krishnamoorthy For Respondent : Mr.A.Gopinath Government Advocate (Crl side)

ORDER

The petitioners, who were arrested on 24.06.2021 and remanded to judicial custody for the offence under Section 392 of IPC subsequently altered into 395, 397 of IPC in Cr.No.479 of 2021, on the file of the respondent police, seek bail.

2. The case of the prosecution is that on 24.06.2021, the petitioners snatched the cell phone of the defacto complainant and hence, the defacto complainant has lodged a complaint before the respondent Police.

3. The learned counsel for the petitioners submitted that the petitioners are no way connected with the alleged offence and they have been falsely implicated in this case and the petitioners have been in jail from 24.06.2021. Therefore, he prays to grant bail to the petitioners.

4. The learned Government Advocate (Crl.Side) submitted that the petitioners were snatched a cell phone from the defacto complainant. The

respondent police have been recovered the same and there is no previous case pending against the petitioners and hence, he vehemently opposed grant bail to the petitioners.

5. Considering the period of incarceration suffered by the petitioners and also the present COVID-19 pandemic situation and the above subject property has been recovered, this Court is inclined to grant bail to the petitioners subject to the following conditions: (a) the petitioners shall execute separate bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) before the Superintendent of the Central Prison, Vellore 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 an individual bond for Rs.10,000/-(Rupees Ten Thousand only) with two sureties each for a like sum to the satisfaction of the learned Judicial Magistrate, Tandarampatu, Tiruvannamalai;.

(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 week 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 the grant of extension of time for accepting the bond and sureties in accordance with law. Failing filing of any such application within the time prescribed above, the bail granted by this Court would stand automatically vacated.

(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.

(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 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]; and;

(i)if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.

-sd/- 06/07/2021 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 JUDICIAL MAGISTRATE, TANDARAMPATU, TIRUVANNAMALAI.

2 THE CHIEF JUDICIAL MAGISTRATE TIRUVANNAMALAI [FOR INFORMATION].

3 THE INSPECTOR OF POLICE, THANIPADI POLICE STATION, TIRUVANNAMALAI DISTRICT.

4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

5 THE SUPERINTENDENT, CENTRAL PRISON, VELLORE.

+1 CC to M/S.M.KRISHNAMOORTHY Advocate on payment of necessary charges SR.NO. 7116 CRL OP.11582/2021 Date :06/07/2021 MN-07/07/2021