Salim Basha v. State Rep By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 17.08.2021
CORAM:
THE HON'BLE MR.JUSTICE M.DHANDAPANI Crl.O.P.No.14550 of 2021 Salim Basha ... Petitioner Vs.
The State Represent by The Inspector of Police, Vadavanakkambadi Police Station, Vadavanakkambadi, Thiruvannamalai District.
Crime No.298 of 2021.
... Respondent PRAYER: Criminal Original petition has been filed under Section 439 of Cr.P.C, prayed to enlarge the petitioner on bail in connection with the case in Cr.No. 298 of 2021 pending investigation on the file of the respondent Police.
For Petitioner : Mr.B.Jawahar For Respondent : Mr.A.Gopinath Government Advocate (Crl side)
ORDER
The petitioner, who was arrested on 16.07.2021 and remanded to judicial custody for the offence under Section 399 IPC in Cr.No.298 of 2021, on the file of the respondent police, seeks bail.
2. The case of the prosecution is that on 15.07.2021 at about 15.30 hours, the respondent and their team were in regular watch near Kadambai Lake, the petitioner along with his friends, had roaming in a suspicious manner, hence they were rounded by the police and on enquiry, it was revealed that they planned to commit dacoity. Hence the accused were arrested by the respondent.
3. The learned counsel for the petitioner submitted that the petitioner is an innocent person and he is no way connected with the alleged offence and he has been falsely implicated in this case. Therefore, he prays to grant bail to the petitioner.
4. The learned Government Advocate (Crl.Side) submitted that there is no previous case pending against the petitioner and the investigation is pending.
5. Considering the period of incarceration suffered by the petitioner and also the present COVID-19 pandemic situation and there is no previous case pending against the petitioner, this Court is inclined to grant bail to the petitioner subject to the following conditions:
6.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, of whom, one should be a blood related surety, each for a like sum to the satisfaction of the learned Judicial Magistrate, Vandavasi, and on further condition 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 is directed to appear before the respondent police daily morning at 10.30 am until further orders; (c)the petitioner shall not tamper with evidence or witness either during investigation or trial;
(d)the petitioner shall not abscond 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 petitioners 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]; and; (f)if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.
-sd/- 17/08/2021 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 JUDICIAL MAGISTRATE, VANDAVASI.
2 THE CHIEF JUDICIAL MAGISTRATE TIRUVANNAMALAI [FOR INFORMATION] 3 THE INSPECTOR OF POLICE, VADAVANAKKAMBADI POLICE STATION VADAVANAKKAMBADI, TIRUVANNAMALAI DISTRICT.
4 THE SUPERINTENDENT, CENTRAL PRISON,VELLORE 5 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
CC to M/S. B.JAWAHAR Advocate on payment of necessary charges CRL OP.14550/2021 Date :17/08/2021 APN 18/08/2021