Purushothaman v. The State Represented By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 05.06.2023

CORAM

THE HON'BLE MR. JUSTICE A.D.JAGADISH CHANDIRA Purushothaman ... Petitioner Vs.

The State rep by The Sub Inspector of Police, Sriperumbudur Police Station, Kancheepuram District.

(Crime No.430 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.430 of 2023 of 2023 on the file of the respondent police.

For Petitioner : Mr.P.Muthukumarasamy For Respondent : Mr. C.E.Pratap Government Advocate (Crl. Side) 1/6

O R D E R

The petitioner, who was arrested and remanded to judicial custody on 09.05.2023 for the offences punishable under Sections 399 of IPC and Section 25(1A) of ARMS Act, 1959, in Crime No.430 of 2023 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that on 09.05.2023, the petitioner along with six other accused, was found making preparation to commit dacoity and deadly weapons were also recovered from them. Hence, the case.

3. The learned counsel for the petitioner would submit that the petitioner is an innocent person and he has been falsely implicated in this case for statistical purpose. He further submitted that the petitioner has been suffering incarceration from 09.05.2023. Hence, he prayed for grant of bail to the petitioner.

4. The learned Government Advocate (Crl. Side) vehemently opposed for grant of bail to the petitioner stating that the petitioner along with six other accused, was found making preparation to commit dacoity with deadly weapons. However, he would submit that there is no previous case against the petitioner.

2/6

5. Heard the learned Counsel for the petitioner and the learned Government Advocate (Crl. Side) for the respondent police and perused the materials available on record including the FIR.

6. Considering the facts and circumstances of the case, the submissions made by the learned counsel on either side and the period of incarceration undergone by the petitioner and also of the fact that there is no previous case against the petitioner, this Court is inclined to grant of bail to the petitioner with certain conditions.

7. 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 sureties, each for a like sum to the satisfaction of the learned Judicial Magistrate, Sriperumbudur, 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;

3/6

[b] the petitioner shall report before the respondent Police everyday at 09.00 a.m. and 07.30 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 petitioners 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.

05.06.2023 ksa-2 4/6

To

1. The Judicial Magistrate, Sriperumbudur.

2. The Sub Inspector of Police, Sriperumbudur Police Station, Kancheepuram District.

3. The Puzhal Jail

4. The Public Prosecutor, High Court of Madras.

5/6

A.D.JAGADISH CHANDIRA,J., ksa-2 05.06.2023 6/6