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Madras High CourtCRL OP/14099/2020granted

Siva v. State By

2020-09-10Honourable Mr Justice A.D.Jagadish Chandira3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 10.09.2020

CORAM

THE HONOURABLE MR.JUSTICE A.D.JAGADISH CHANDIRA Crl.O.P.No.14099 of 2020 Siva ... Petitioner/A1 Vs.

The State Represented by, The Inspector of Police, Tiruvannamalai Town Crime Police Station, Tiruvannamalai District.

(Crime No. 217 of 2020) ... Respondent/Complainant Prayer: Criminal Original Petition filed under Section 439 Cr.P.C., to enlarge the petitioner/A1 on bail pending investigation in Crime No.217 of 2020 on the file of the respondent police.

For Petitioner : Mr.M.Rebecca For Respondent : Mr.T.Shunmugarajeswaran Government Advocate (Crl.Side)

ORDER

(This case has been heard through video conference) The petitioner, who was arrested and remanded to the Judicial Custody on 08.08.2020, for the offence punishable under Section 399 of IPC, in Crime No. 217 of 2020, on the file of the respondent police seeks bail.

The case of the prosecution as per the defacto complainant viz., P.Mahalakshmi, who is a Inspector of Police, is that the petitioner along with four other accused was found making preparation for committing robbery. Hence, the complaint. The learned counsel appearing for the petitioner would submit that the petitioner has involved in a previous case and on the movement of the petitioner, the respondent police has foisted a false case against the petitioner as if the petitioner was

making preparation to commit robbery. He would submit that the petitioner was arrested on 08.08.2020 and that the petitioner is in custody for more than a month. Hence, he prays to grant bail to the petitioner.

The learned Government Advocate (Crl.Side) appearing for the respondent would submit that the petitioner along with other accused was found making preparation to commit robbery and they were found in possession of knife & iron rod. He would further submit that there is one previous case pending against the petitioner, in Crime No.657/2017, for the offences under Sections 294(b), 323, 341, 392 & 307 of IPC. Hence, he opposed to grant bail to the petitioner.

Taking into consideration of the facts and submissions made by the learned counsels and also considering the fact that the petitioner is in jail from 08.08.2020, this Court is inclined to grant bail to the petitioner subject to the following conditions:- (a) the petitioner shall execute two sureties, each for a sum of Rs.10,000/- (Rupees Ten Thousand only), before the learned Judicial Magistrate No.1, Tiruvannamalai, within 15 days from the date of commencement of the Court's normal functioning, failing which the bail granted by this Court shall stand dismissed automatically;

(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 shall report before the respondent police every day at 10.30 a.m., and 05.30 p.m., until further orders. (d) the petitioner shall not commit any offences of similar nature;

(e) the petitioner shall not abscond either during investigation or trial;

(f) the petitioner shall not tamper with evidence or witness either during investigation or trial;

(g) 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];

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

With the above directions, this Criminal Original Petition is ordered.

-sd/- 10/09/2020 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 NO.I,TIRUVANNAMALAI 2 THE CHIEF JUDICIAL MAGISTRATE TIRUVANNAMALAI DISTRICT [FOR INFORMATION] 3 THE SUPERINTENDENT,CENTRAL PRISON, VELLORE 4 THE PUBLIC PROSECUTOR,HIGH COURT, MADRAS. 5 THE INSPECTOR OF POLICE, TIRUVANNAMALAI TOWN CRIME POLICE STATION, TIRUVANNAMALAI DISTRICT.

CC to M/S.M.REBECCA Advocate on payment of necessary charges CRL OP.14099/2020 Date :10/09/2020 GKS:15/09/2020