R.Sathick Basha v. The State Rep.By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 12.07.2021

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI Crl.O.P.No.11981 of 2021 1.R.Sathick Basha ... Petitioners 2.R.Nasir Basha Vs.

The State Rep. by ... Respondent Inspector of Police, M-4, Redhills Police Station, Chennai - 52.

(Crime No.383 of 2021) Prayer:

Petition filed under Section 439 of Cr.P.C., seeking to enlarge the petitioners on bail in connection with the case in Crime No.383 of 2021 pending investigation on the file of the respondent police. For Petitioners : Mr.S.Suresh For Respondent : Mr.A.Gopinath Government Advocate (Crl. Side)

ORDER

The petitioners who were arrested and remanded to judicial custody on 25.05.2021 for the offence under Section 397 of IPC in Cr.No.383 of 2021 on the file of the respondent police, seek bail. 2.It is the case of the prosecution that the petitioners along with the other accused are alleged to have committed theft of one Bike, cellphone and cash of Rs.500/-.

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 the case.

4.The learned Government Advocate (Crl. Side) submits that there is no previous case as against the petitioners. 5.Considering 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, Puzhal, 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 Judicial Magistrate No.II, Ponneri; (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 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 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/- 12/07/2021 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, NO.II, PONNERI.

2 THE CHIEF JUDICIAL MAGISTRATE THIRUVALLUR. [FOR INFORMATION] 3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

4 THE INSPECTOR OF POLICE, M-4, REDHILLS POLICE STATION, CHENNAI-52.

5 THE SUPERINTENDENT, CENTRAL PRISON, PUZHAL, CHENNAI.

CC to M/S.S.SURESH Advocate on payment of necessary charges CRL OP.11981/2021 Date :12/07/2021 TA-13/07/2021