Deepath v. State Rep By The Inspector Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 06.07.2022
CORAM
THE HON'BLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.OP.No.15528 of 2022 Deepath ..Petitioner/ sole accused Vs.
State Rep. by The Inspector of Police, N2, Kasimedu Police Station, Chennai crime No.107 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.107 of 2022 p7ending investigation on the file of the respondent police. For Petitioner : Mr.M.Nithiyavel For Respondent : Mr.A.Damodaran, Additional Public Prosecutor
ORDER
The petitioner, who was arrested and remanded to judicial custody on 22.05.2022 for the offences punishable under Sections 341, 294 (b), 392, 397, 506(ii) of IPC in crime No.107 of 2022 on the file of the respondent police, seeks bail
2. The case of the prosecution is that on 22.05.2022 at about 13.30 hrs., when the defacto complainant was walking near Sengalamman Koil Street towards his house, at that time one unknown person waylaid and robbed Rs.800/- by threatening with knife. 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. Hence, he seeks for grant of bail to the petitioner.
4. The learned Additional Public Prosecutor would submit that on the date of occurrence, the petitioner, who is the single accused in this case, waylaid the complainant and robbed Rs.800/- at knife point. He would further submit that the petitioner has seven previous cases. Hence, he vehemently opposed to grant bail to the petitioner.
5. Considering the above facts and circumstances of the case, 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 XVI Metropolitan Magistrate, George Town, 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 Kanyakumari and report before the Inspector of Police, Kanyakumari Police Station, Kanyakumari 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/- 06/07/2022 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 XVI METROPOLITAN MAGISTRATE, GEORGE TOWN, CHENNAI.
2 THE CHIEF METROPOLITAN MAGISTRATE, EGMORE, CHENNAI [FOR INFORMATION] 3 THE INSPECTOR OF POLICE, N2, KASIMEDU POLICE STATION, CHENNAI.
4 THE SUPERINTENDENT, CENTRAL PRISON,PUZHAL-II, CHENNAI.
5 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
6 THE INSPECTOR OF POLICE KANYAKUMARI POLICE STATION, KANYAKUMARI.
CC to M/S.M.NITHIYAVEL Advocate on payment of necessary charges CRL OP.15528/2022 Date :06/07/2022 CSK 07/07/2022