Mubarak v. The State Rep.By Its,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 29.05.2024
CORAM
THE HON'BLE MR. JUSTICE S. SOUNTHAR Mubarak
...Petitioner
Vs.
State represented by The Inspector of Police, Vellore South Crime Police Station, Vellore District.
Crime No.15 of 2024
...Respondent
PRAYER: Criminal Original Petition is filed under Section 439 of Cr.P.C. praying to enlarge the petitioner on bail in Crime No.15 of 2024 on the file of the Inspector of Police, Vellore South Crime Police Station, Vellore District.
For Petitioner : Mr.S.Silambuselvan For Respondent : Mr.Leonard Arul Joseph Selvam Government Advocate (Crl. Side) 1/5
ORDER
The petitioner who was arrested and remanded to judicial custody on 13.04.2024 for the offences registered by the respondent Police under Sections 392, 397 of IPC in Crime No. 15 of 2024, seek bail. 2.The case of the prosecution is that the petitioner along with A2 waylaid the defacto complainant and robbed an amount of Rs.2500/- and mobile phone from him. Hence, the defacto complainant preferred a complaint before the respondent Police.
3.The learned counsel for the petitioner stated that the petitioner is an innocent person and he has been falsely implicated in this case. He also stated that the petitioner is ready to abide by any stringent condition that may be imposed by this Court and he is in judicial custody from 13.04.2024. Hence, he prays for grant of bail. 4.The learned Government Advocate (crl.side) stated that the property had been recovered from the petitioner. 5.Taking all the factors into consideration and the period of incarceration and also the fact that the property has been recovered, this Court is inclined to grant bail to the petitioner subject to the following 2/5
conditions.
6. Accordingly, the petitioner is ordered to be released on bail on executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties, each for a like sum to the satisfaction of the learned Judicial Magistrate, No.1, Vellore 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 report before the respondent Police, everyday 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]. 3/5
[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.
29.05.2024 msv To
1. Judicial Magistrate, No.1, Vellore
2. The Central Prison, Vellore
3. The Inspector of Police, Vellore South Crime Police Station, Vellore District.
4.The Public Prosecutor, High Court of Madras. 4/5
S. SOUNTHAR, J.
msv 29.05.2024 5/5