Sridhar @ Kulla Sridhar v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 18.05.2023

CORAM

THE HONOURABLE MR. JUSTICE A.A. NAKKIRAN Sridhar @ Kulla Sridhar ... Petitioner Vs.

State represented by, The Sub- Inspector of Police, B-1, Siva Kanchi Police Station, Kanchipuram District.

(Crime No.202 of 2023) ... Respondent PRAYER: Criminal Original Petition filed under Section 439 of Cr.P.C., pleased to enlarge the petitioner on bail, in Crime No.202 of 2022, on the file of the Sub-Inspector of Police, B-1, Siva Kanchi Police Station, Kanchipuram District.

For Petitioner : Mr.A.Saranraj For Respondent : Mr.S.Sugendran Additional Public Prosecutor

O R D E R

The petitioner, who was arrested and remanded to judicial custody on 08.04.2023, in connection with Crime No.202 of 2023 registered for the offence punishable under Sections 399 of IPC, seeks bail. 1/5

2. The case of the prosecution is that when the Inspector of police with other officials were on routine check up, the petitioner along with four other accused have assembled in the street and planning to commit dacoity with deadly weapons. Hence, the case.

3.Learned counsel for the petitioner submitted that the petitioner is an innocent person and he has not committed any such offence as alleged by the prosecution and he has been falsely implicated in this case. He would further submit that the petitioner is in judicial custody for the past 33 days. Hence, he prayed for grant of bail to the petitioner.

4. The learned Additional Public Prosecutor appearing for the respondent submitted that the petitioner along with four other accused assembled in the street and planning to commit dacoity with deadly weapons. He also submit that the petitioner is having 13 previous cases against him. He further submitted that investigation has been completed and charge sheet also filed against him. Hence, he opposed for grant of bail to the petitioner. 2/5

5.Considering the facts and circumstances of the case and also considering the fact that the petitioner is in incarceration for the past 40 days, 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.25,000/- (Rupees Twenty Five thousand only) with two sureties, each for a like sum to the satisfaction of the learned Judicial Magistrate-I, Kanchipuram, 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 learned Judicial Magistrate-I, Kanchipuram on each and every hearing without fail;

[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 3/5

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 abscond, a fresh FIR can be registered under Section 229A IPC.

18.05.2023 gv/Uma To

1. The Judicial Magistrate-I, Kanchipuram.

2. The Sub- Inspector of Police, B-1, Siva Kanchi Police Station, Kanchipuram District.

3. The Superintendent, Central Jail, Puzhal.

4. The Public Prosecutor, High Court of Madras.

4/5

A.A.NAKKIRAN, J.

gv/uma Crl.O.P.No.11620 of 2023 18.05.2023 5/5