A.Arun v. The State Of Tamil Nadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 16.06.2022
CORAM:
THE HON'BLE Dr. JUSTICE G.JAYACHANDRAN Crl.O.P.Nos.13548 to 13550 of 2022 A.Arun .. Petitioner in all Crl.O.Ps.
Vs.
State rep. by The Inspector of Police, Thiruchengodu Rural Police Station, Namakkal District.
Namakkal (Crime Nos.53 to 55 of 2022) .. Respondent in all Crl.O.Ps.
COMMON PRAYER: Criminal Original Petitions have been filed under Section 439 of Cr.P.C praying to enlarge the petitioner on bail in Crime Nos.53 to 55 of 2022, dated 11.02.2022 on the file of the respondent police.
For Petitioner in all Crl.O.Ps. : Mr.J.Deliban For Respondent in all Crl.O.Ps. : Mr.S.Udayakumar Government Advocate (Crl.Side) ******** COMMON ORDER The petitioner, who was arrested for the alleged offence under Section 392 of I.P.C., in Crime Nos.53 and 54 of 2022 and Sections 392 & 511 of I.P.C., in Crime No.55 of 2022, on the file of the respondent police, seeks bail.
2. The petitioner herein, who was arrested on 14.02.2022 in connection with five theft cases.
3.The learned counsel appearing for the petitioner states that though the petitioner was arrested on 14.02.2022, till date none of the casea a final report filed after completion of the investigation and therefore, in two cases default bail were granted, remaining three cases, he has filed bail petitions.
4. The learned Government Advocate (Crl.Side) for the respondent submitted that the investigation is not yet completed, hence the final report in the above cases are yet to be filed.
5. Recording the same, this Court is inclined to grant bail to the petitioner under Section 167(2) of Cr.P.C., with certain conditions. Accordingly, the petitioner is ordered to be released on bail subject to the following conditions;
(a)the petitioner shall execute a bond for a sum of Rs.50,000/- (Rupees Fifty Thousand only) with two sureties, each for a like sum to the satisfaction of the learned Judicial Magistrate , Tiruchengode, Namakkal; (b) 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;
(c) the petitioner is directed to report before the Investigating Officer as and when required;
(d) the petitioner shall not tamper with evidence or witness either during investigation or trial; (e) 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]; (f) if the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.
-sd/- 16/06/2022 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, TIRUCHENGODE, NAMAKKAL 2 THE CHIEF JUDICIAL MAGISTRATE NAMAKKAL [FOR INFORMATION] 3 THE INSPECTOR OF POLICE, THIRUCHENGODU RURAL POLICE STATION, NAMAKKAL DISTRICT, NAMAKKAL 4 THE SUPERINTENDENT OF POLICE CENTRAL PRISON, SALEM 5 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
+3 CC to Mr.J.Deliban Advocate on payment of necessary charges SR.Nos.9332, 9333 & 9331 CRL OP.13548 to 13550/2022 Date :16/06/2022 JPA 17/06/2022