Chinnathambi v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 16.06.2022

CORAM

THE HON'BLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No.13764 of 2022 Chinnathambi ..Petitioner/A4 Vs.

The State Rep by The Inspector of Police, Hudco Police Station, Krishnagiri District.

Crime No.188 of 2022 ..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.188 of 2022 pending investigation on the file of the respondent police.

For Petitioner : Mr.M.Mohamed Riyaz For Respondent : Mr.A.Damodaran, Additional Public Prosecutor

ORDER

The petitioner, who was arrested and remanded to judicial custody on 28.05.2022 for the offence under Section 25 (1) (a) of Arms Act, 1959 in crime No.188 of 2022 on the file of the respondent police, seeks bail.

2.The case of the prosecution is that on the source information received, the defacto complainant who is the Sub Inspector of Police along with other police officials, at 11.00 p.m. secretly went to the residence of one Srinivasan and came to know that five unknown persons have assembled with deadly weapons and were planning to commit an offence. Hence, the case was registered against them. 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. Hence, he prays for grant of bail to the petitioner.

4.The learned Additional Public Prosecutor would submit that there are totally 8 accused, in which the petitioner is arrayed as A4. One of the co-accused was granted bail in Crl.O.P.No.13455 of 2022 vide order dated 10.06.2022 by this Court. According to the case of the prosecution, the petitioner along with other accused assembled with deadly weapons and planned to commit offence. Hence, he vehemently opposed to grant bail to the petitioner.

5. Taking into consideration the facts and circumstances of the case and also considering the period of incarceration undergone by the petitioner from the date of his arrest on 28.05.2022, 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 learned Judicial Magistrate No.II, Hosur 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, Harbour Police Station, Chennai daily at 10.30 a.m and 5.30 p.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/- 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, NO.II, HOSUR.

2 THE CHIEF JUDICIAL MAGISTRATE KRISHNAGIRI. [FOR INFORMATION] 3 THE SUPERINTENDENT, CENTRAL PRISON, SALEM.

4 THE INSPECTOR OF POLICE, HUDCO POLICE STATION, KRISHNAGIRI DISTRICT.

5 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

6 THE INSPECTOR OF POLICE, HARBOUR POLICE STATION, CHENNAI.

+1 CC to MR.M.MOHAMED RIYAZ Advocate on payment of necessary charges SR.NO. 9323 CRL OP.13764/2022 Date :16/06/2022 RW-16/06/2022