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Madras High CourtCRL OP/15733/2022granted

Narayanan v. State By

2022-07-07Honourable Mr Justice G.K. Ilanthiraiyan5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 07.07.2022

CORAM

THE HON'BLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No.15733 of 2022

1. Narayanan

2. Naveen Kumar

3. Anandh

4. Muniyallappa ...Petitioners Vs.

State, Rep. by The Inspector of Police, Kelamangalam Police Station, Krishnagiri District.

Crime No.152 of 2022

...Respondent

PRAYER:-Criminal Original Petition is filed under Section 439 of Cr.P.C. praying to grant the petitioners pending investigation in Crime No. 152 of 2022 on the file of the respondent police.

For Petitioners : Mr.M.Jayachandran For Respondent : Mr.A.Damodaran, Additional Public Prosecutor

ORDER

The petitioners, who were arrested and remanded to judicial custody on 03.06.2022 for the offence under Section 399 of IPC, in Crime No.152 of 2022 on the file of the respondent police, seeks bail. 2.The case of the prosecution is that the petitioners along with other accused attempted to commit dacoity. Hence, the case. 3.The learned counsel appearing for the petitioners submitted that the petitioners are innocent persons and they been falsely implicated in this case. That apart, the petitioners were arrested and remanded to judicial custody on 03.06.2022. Hence, he prays for grant of bail to the petitioners. 4.The learned Additional Public Prosecutor submitted that totally there are seven accused and the petitioners are arrayed as A1 to A4 and it is alleged the accused persons attempted to commit dacoity. Hence, he opposed to grant bail to the petitioners.

5. Considering the facts and circumstances of the case and also

considering the period of incarceration undergone by the petitioners i.e., from 03.06.2022, this Court is inclined to grant bail to the petitioners.

6. Accordingly, petitioners are ordered to be released on bail on their executing separate 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 Judicial Magistrate, Denkanikottai 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 petitioners shall report before the respondent police daily at 10.30.a.m., for a period of three weeks and thereafter as and when required for interrogation.

[c] the petitioners shall not abscond either during investigation or trial. [d] the petitioners 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 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].

[f] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.

07.07.2022 Sma To

1. Judicial Magistrate, Denkanikottai 2.The Inspector of Police, Kelamangalam Police Station, Krishnagiri District.

3.The Sub jail, Hosur.

4.The Public Prosecutor, High Court of Madras.

G.K.ILANTHIRAIYAN, J.

Sma Crl.O.P.No.15733 of 2022 07.07.2022