Meganathan v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 10.06.2022

CORAM

THE HON'BLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.OP.No.13417 of 2022 Meganathan .. Petitioner Vs.

State rep by The Inspector of Police, Villupuram West Police Station, Villupuram.

(Crime No.85 of 2022) .. Respondent PRAYER:Criminal Original Petition is filed under Section 439 of Cr.P.C. praying to enlarge the petitioner on bail in Crime No.85 of 2022 pending investigation on the file of the respondent Police. For Petitioner : Mr.R.Dhanasekar For Respondent : Mr.A.Damodaran, Additional Public Prosecutor

ORDER

The petitioner, who was arrested and remanded to judicial custody on 20.04.2022 for the offence punishable under Sections 392 and 397 of IPC in Crime No.85 of 2022 on the file of the respondent police, seeks bail.

2. It is the case of the prosecution that the petitioner threatened the defacto complainant at knife point and robbed a sum of Rs.1,200/-. Hence, the present case.

3. The learned counsel appearing for the petitioner would submit that the petitioner is an innocent person and he has been falsely implicated in this case. Hence, he prays for grant of bail to the petitioner.

4. The learned Additional Public Prosecutor appearing for the respondent police would submit that the petitioner has 1 previous case as against him. Hence, he vehemently opposed to grant bail to the petitioner.

5. Considering the above facts and circumstances of the case, and also taking note of the fact that the petitioner is in judicial custody from 20.04.2022, this Court is inclined to grant bail to the petitioner. Accordingly, the petitioner is ordered to be released on bail on her executing a bond for a sum of Rs.10,000/- (Rupees ten thousand only) with two blood related sureties, each for a like sum to the satisfaction of the learned Chief Judicial Magistrate, Villupuram and on further conditions that:

[a] 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. [b] the petitioner shall stay at Chennai and report before The Inspector of Police, Egmore Police Station daily Morning at 10.30 a.m. and Evening 05.00 p.m, for a period of two weeks and thereafter report before the respondent Police daily at 10.30 a.m, until further orders. [c] the petitioner shall not abscond either during investigation or trial.

[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 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/- 10/06/2022 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 CHIEF JUDICIAL MAGISTRATE VILLUPURAM 2 THE INSPECTOR OF POLICE, VILLUPURAM WEST POLICE STATION, VILLUPURAM.

3 THE OFFICER INCHARGE SUB JAIL, VILLUPURAM 4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

5 THE INSPECTOR OF POLICE, EGMORE POLICE STATION, CHENNAI +1 CC to M/S. R.DHANASEKAR Advocate on payment of necessary charges SR.NO.8798 CRL OP.13417/2022 Date :10/06/2022 JPA 13/06/2022