Chiyanmurugan v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 28.06.2022

CORAM

THE HON'BLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.OP.No.14880 of 2022 ChiyanMurugan ..Petitioner/A1 Vs.

State by The Inspector of Police, H-4, Korukupet Police Station, Chennai crime No.176 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.176 of 2022 pending investigation on the file of the respondent police. For Petitioner : Mr.S.Vijayaragavan For Respondent : Mr.A.Damodaran, Additional Public Prosecutor

ORDER

The petitioner, who was arrested and remanded to judicial custody on 21.05.2022 for the offence punishable under Section 399 of IPC in crime No.176 of 2022 on the file of the respondent police, seeks bail.

2. It is the case of the prosecution that on 21.05.2022, the respondent police found that the petitioner along with other accused persons had planned to commit dacoity. Hence, the 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 to grant bail to the petitioner.

4.The learned Additional Public Prosecutor appearing for the respondent police submitted that there are totally five accused, in which the petitioner is arrayed as A1, who along with other accused persons had planned to commit dacoity and he has eleven previous

cases. He would further submit that A2 is still in judicial custody and A3 to A5 were released on bail.

5. According to the case of the prosecution, the petitioner along with other accused persons had prepared to commit dacoity. Considering the above facts and circumstances of the case and also considering the period of incarceration by the petitioner,this Court is inclined to grant bail to the petitioner. 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 XV Metropolitan Magistrate, 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 Hosur and report before the Inspector of Police, Hosur Town Police Station, Hosur daily at 10.30 a.m. and 05.30 p.m. for a period of four weeks and thereafter report before the respondent police daily at 10.30 a.m. and 05.30 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/- 28/06/2022 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 XV METROPOLITAN MAGISTRATE GEROGE TOWN, CHENNAI 2 THE CHIEF METROPOLITAN MAGISTRATE, EGMORE, CHENNAI(FOR INFORMATION) 3 INSPECTOR OF POLICE, H-4 KORUKUPET POLICE STATION, CHENNAI 4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

5 THE SUPERINTENDENT, CENTRAL PRISON, CHENNAI 6 THE INSPECTOR OF POLICE, HOSUR TOWN POLICE STATION, HOSUR CC to M/S.S.VIJAYARAGAVAN Advocate on payment of necessary charges Sr.10213 CRL OP.14880/2022 Date :28/06/2022 RVR 29/06/2022