Vikram v. The State Rep By Its,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 10.06.2022

CORAM

THE HON'BLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No.13439 of 2022 Vikram .. Petitioner Vs.

State represented by The Inspector of Police, P-3, Vyasarpadi Police Station, Chennai - 600 039.

Crime No.818 of 2021 .. Respondent PRAYER:- Criminal Original Petition is filed under Section 439 of Cr.P.C. praying to enlarge the petitioner on bail in the above said crime No.818 of 2021 pending investigation on the file of the respondent police.

For Petitioner : Mr.A.Karunakaran For Respondent : Mr.A.Damodaran, Additional Public Prosecutor

ORDER

The petitioner, who was arrested and remanded to judicial custody on 02.04.2022 for the offence under Sections 341, 294 (b), 397, 506 (2) of I.P.C in crime No.818 of 2021 on the file of the respondent police, seeks bail.

2.The case of the prosecution is that the petitioner waylaid the defacto complainant and robbed Rs.450/- from his pocket and also he threatened the defacto complainant with knife. Hence, the case was registered against the petitioner.

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

4.The learned Additional Public Prosecutor would submit that the petitioner waylaid the defacto complainant and robbed Rs.450/- from his pocket and threatened him with dire consequences. Hence, he vehemently opposed to grant bail to the petitioner.

5. Taking into consideration the facts and circumstances of the case and the submissions made by the learned counsels, this Court is inclined to grant bail to the petitioner with certain conditions.

6. Accordingly, the petitioner is ordered to be released on bail on his 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 X Metropolitan Magistrate Court, George Town, Chennai 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 Villupuram and report before the Kandamangalam Police Station daily morning at 10.30 a.m and evening at 5.00 p.m. for a period of two weeks, thereafter, petitioner shall 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 METROPOLITAN MAGISTRATE, NO.X, GEORGE TOWN, CHENNAI 2 THE CHIEF METROPOLITAN MAGISTRATE, EGMORE, CHENNAI [FOR INFORMATION] 3 THE INSPECTOR OF POLICE, P-3 VYASARPADI POLICE STATION, CHENNAI 4 THE SUPERINTENDENT, CENTRAL PRISON WOMEN, PUZHAL, CHENNAI DISTRICT 5 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

6 THE OFFICER INCHARGE KANDAMANGALAM POLICE STATION, VILLUPURAM CC to M/S.A.KARUNAKARAN Advocate on payment of necessary charges CRL OP.13439/2022 Date :10/06/2022 JPA 13/06/2022