Vicky@Vignesh v. The State Rep By,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 28.10.2020 CORAM :

THE HON'BLE MR. JUSTICE A.D.JAGADISH CHANDIRA CRL.O.P.No.16740 of 2020 Vicky @ Vignesh ... Petitioner Vs.

The State rep by ... Respondent The Inspector of Police, Thiruporur Police Station, Kancheepuram District.

(Crime No.1698 of 2020) PRAYER: Criminal Original Petition filed under Section 439 of Criminal Procedure Code to release the petitioner on bail pending investigation in Cr.No.1698/2020 on the file of the respondent. For Petitioners : Mr.G.Mageshkumar For Respondent : Mr.T.Shunmugarajeswaran Government Advocate (Crl. Side)

ORDER

(The cases have been heard through video conference) The petitioner, who was arrested and remanded to judicial custody on 04.09.2020 for the offences punishable under Sections 3 (a), 25 (1) (a) of Arms Act, 1959, Section 5 of Indian Explosives Substances Act, 1908 and Sec.202 of IPC, in Crime No.1698 of 2020 on the file of the respondent police, seeks bail. The case of the prosecution as per the defacto complainant Gopalakrishnan is that he is the Secretary of the Tandalam Village Panchayat and that on 28.08.2020, while he was returning from medical store, he heard loud noise and on search, he found that the petitioner and the other accused fell down from their two wheeler and a country bomb which they were having had exploded. Based on the complaint given by the defacto complainant, the petitioner was arrested.

The learned counsel appearing for the petitioner would submit that the petitioner is an innocent person and he has been falsely implicated in this case. He would submit that the petitioner was arrested on suspicion and remanded to the judicial custody on 04.09.2020. Hence, he prays to grant bail to the petitioner.

The learned Government Advocate (Crl.Side) appearing for the respondent would submit that the petitioner along with other accused was found in possession of country bomb and knife and that in the place of occurrence they fell down from the two wheeler and the country bomb, which they were having, was exploded, due to which, the petitioner and the other accused had sustained injuries. He would submit that one of the accused person had put the bag near Thiruporur Panchayat Union Office and that the investigation not yet completed. He would further submit that as far as this petitioner is concerned there is no previous case pending against him. However, he opposed to grant bail to the petitioner. Heard both the learned counsel and perused FIR.

Taking into consideration of the facts and circumstance of this case and also considering the fact that the petitioner is in jail from 04.09.2020, 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 No.

(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 shall report before respondent police everyday at 10.30 a.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/- 28/10/2020 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 NO-I, CHENGALPATTU.

2 THE CHIEF JUDICIAL MAGISTRATE CHENGALPATTU. [FOR INFORMATION] 3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

4 THE INSPECTOR OF POLICE, THIRUPORUR POLICE STATION, KANCHEEPURAM DISTRICT.

5 THE STANLEY MEDICAL COLLEGE HOSPITAL, CHENNAI (IN JUDICIAL CUSTODY).

CC to M/S.G.MAGESHKUMAR Advocate on payment of necessary charges CRL OP.16740/2020 Date :28/10/2020 TA-29/10/2020