Pichaimani v. State Rep.By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 29.10.2020 CORAM :

THE HON'BLE MR. JUSTICE A.D.JAGADISH CHANDIRA CRL.O.P.No.16229 of 2020 PICHAIMANI ... Petitioner Vs.

STATE REP BY:

THE INSPECTOR OF POLICE M-3 PUZHAL POLICE STATION THIRUVALLUR DISTRICT (Crime No.2710 of 2020) ... Respondent PRAYER: Criminal Original Petition filed under Section 439 of Criminal Procedure Code to enlarge the petitioner on bail in connection with Crime No.2710 of 2020 on the file of the respondent. For Petitioner : Mr.S.E.Venkatraman For Respondent : Mr.T.Shunmugarajeswaran Government Advocate (Crl. Side)

O R D E R

(The cases have been heard through video conference) The petitioner, who was arrested and remanded to judicial custody on 19.09.2020 for the offences punishable under Section 341, 294(b), 336, 427, 392, 397 and 506(ii) of IPC, in Crime No.2710 of 2020 on the file of the respondent police, seeks bail. 2.The case of the prosecution as per the defacto complainant viz. Nagaraj is that on 19.09.2020 while he was on his way to his house, the petitioner waylaid and proclaiming himself to be one Pichaimani, the famous rowdy from Tondiarpet, threatened him at knife point and robbed a sum of Rs.350/- and also his cell phone. When the defacto complainant raised an alarm, the people around him attempted to apprehend the petitioner, during which, the petitioner hurled soda bottles against them, due to which, there was ruckus, the traffic got paralyzed and there was disturbance to the public order.

3.The learned counsel appearing for the petitioner would submit that the petitioner is innocent and he has been falsely implicated in this case. He would further submit that mere reading of F.I.R. would go to show that it is a case foisted for the purpose of detaining the petitioner under Act 14. He would further submit that the petitioner was arrested on 19.09.2020 and he is in custody for more than 40 days.

4.The learned Government Advocate (Crl.Side) appearing for the respondent would vehemently oppose stating that the petitioner waylaid the defacto complainant and robbed a sum of Rs.350/- at knife point and also snatched his cell phone. He would further submit that when the people around him attempted to apprehend the petitioner, he hurled soda bottles on them, due to which, the traffic got paralyzed and there was disturbance to the public order in that area. He would further submit that the petitioner is having two previous cases against him, out of which, he was acquitted from one case and another case is registered for the offences punishable under Section 379 and 376 IPC, is pending trial.

5.Heard the learned counsels on either side. Perused F.I.R and other materials placed on record.

6.Taking into consideration of the facts and circumstance of this case and also considering the period of incarceration, this Court is inclined to grant bail to the petitioner subject to the following conditions:- (a) Accordingly, the petitioner is ordered to be released on bail on condition to execute 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, Madhavaram, and on further conditions that:

(b) the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the learned Magistrate may obtain a copy of their Aadhar Card or Bank Pass Book to ensure their identity; (c) the petitioner on his released from prison shall report before respondent police everyday at 10.30 a.m., and 5.30 p.m. until further orders.

(d) the petitioner shall not commit any offences of similar nature;

(e) the petitioner shall not abscond either during investigation or trial;

(f) the petitioner shall not tamper with evidence or witness either during investigation or trial;

(h) on breach of any of the aforesaid conditions, the learned Judicial 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];

(i) if the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.

7. With the above directions, this Criminal Original Petition is ordered.

-sd/- 29/10/2020 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, MADHAVARAM.

2 THE CHIEF JUDICIAL MAGISTRATE THIRUVALLUR [FOR INFORMATION] 3 THE SUPERINTENDENT, CENTRAL PRISON-II, PUZHAL.

4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

5 THE INSPECTOR OF POLICE, M-3 PUZHAL POLICE STATION, THIRUVALLUR DISTRICT.

CC to M/S.S.E.VENKATARAMAN Advocate on payment of necessary charges CRL OP.16229/2020 Date :29/10/2020 cs 02/11/2020