Rudhramoorthy v. State Rep By The Inspector Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 13.07.2022
CORAM
THE HON'BLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No.16236 of 2022 Rudhramoorthy ...Petitioner Vs.
State, Rep. by The Inspector of Police, B-3, Kanchi Taluk Police Station, Kanhipuram District.
Crime No.490 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.490 of 2022 on the file of the respondent police.
For Petitioner : Mr.A.Saranraj For Respondent : Mr.A.Damodaran, Additional Public Prosecutor
ORDER
The petitioner, who was arrested and remanded to judicial custody on 13.06.2022 for the offence under Sections 392, 394 of IPC read with Section 3(1) of TNPPDL Act, in Crime No.490 of 2022 on the file of the respondent police, seeks bail.
2.The case of the prosecution is that, the petitioner along with other accused waylaid the defacto complainant's car and robbed a sum of Rs.1,200/- at a knife point and also damaged the car mirror. Hence, the case. 3.The learned counsel appearing for the petitioner submitted that the petitioner is an innocent person and he has been falsely implicated in this case. On instructions, he would further submit that the petitioner is ready to deposit a sum of Rs.15,000/- (Rupees Fifteen Thousand Only) to the credit of the crime No.490 of 2022 and prays for grant of bail to the petitioner. 4.The learned Additional Public Prosecutor submitted that apart from this case, there is no previous case pending against the petitioner. However, he opposed to grant bail to the petitioner.
5. Taking into consideration the facts of the case and the submissions made by the learned counsel for the petitioner and also taking note of the fact that the petitioner has come forward to deposit a sum of Rs.15,000/- to the credit of the Crime No.490 of 2022, this Court is inclined to grant bail to the petitioner.
6. Accordingly, the petitioner shall deposit a sum of Rs.15,000/- (Rupees Fifteen Thousand only), to the credit of the Crime No.490 of 2022, and on such deposit, 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 Judicial Magistrate No.II, Kanchipuram 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 Ulundurpet and report before the Ulundurpet Town police station twice daily at 10.30.a.m., and 04.30.p.m., for a period of four weeks and thereafter report before the respondent police daily at 10.30.a.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.
13.07.2022 Sma
To
1. Learned Judicial Magistrate No.II, Kanchipuram 2.The Inspector of Police, B-3, Kanchi Taluk Police Station, Kanhipuram District.
3. Central Prison, Puzhal, Chennai 4.The Public Prosecutor, High Court of Madras.
G.K.ILANTHIRAIYAN, J.
Sma Crl.O.P.No.16236 of 2022 13.07.2022