Madras High CourtCRL OP/16500/2021granted

Sugash @ Subash v. The State Rep.By

2021-09-20Honourable Mr Justice M.Dhandapani3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 20.09.2021

CORAM:

THE HON'BLE MR.JUSTICE M.DHANDAPANI Crl.O.P.No.16500 of 2021

1. Sugash @ Subash

...Petitioners

2. Vishnu Vs.

The State ... Respondent Rep by the Inspector of Police, All Women Police Station, Hosur, Krishnagiri District.

(Crime No.11 of 2021) PRAYER: Criminal Original Petition has been filed under Section 439 of Cr.P.C, prayed to enlarge the petitioners on bail pertaining in Crime No.11 of 2021 pending investigation on the file of the respondent police.

For Petitioners : Mr.R.Jayaprakash For Respondent : Mr.A.Gopinath Government Advocate (Crl.Side)

ORDER

The petitioners, who were arrested on 10.07.2021 and remanded to judicial custody for the alleged offences punishable under Sections 363, 366 and 366(A) of the Indian Penal Code, 1860, in Crime No.11 of 2021, on the file of the respondent police, seek bail.

2. The case of the prosecution is that there was a love affair between A1 and the victim girl, thereafter, A1 had kidnapped the victim girl with the help of these petitioners. The petitioners are the friends of A1. Hence, the complaint.

3. The learned counsel for the petitioners submitted that the petitioners are innocent persons and they have been falsely implicated in this case. He further submitted that this is the second bail application filed before this Court and the earlier application was dismissed by this Court in Crl.O.P.No.14538 of 2021 on the ground that the victim girl has not been secured and now the victim girl has been secured. Hence he prays for grant of bail to the petitioners.

4.The learned Government Advocate (Crl.Side) submitted that statement of the victim girl u/s 164 Cr.P.C. has been recorded, in which, the victim has admitted that on her own volition, she went along with A1, there is no serious allegation made against the petitioners and the victim girl has been secured..

5. This Court had perused the statement of the victim under Section 164 of Cr.P.C. which reveals that the victim, on her own volition, she went along with A1 and there is no serious allegation against the petitioners and the victim girl has been secured and considering the period of incarceration suffered by the petitioners, this Court is inclined to grant bail to the petitioners.

6. Accordingly, the petitioners are ordered to be released on bail on their executing a separate 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.II, Hosur, 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 petitioners shall report before the respondent police, daily at 10.30 a.m. until further orders.

(c)the petitioners shall not tamper with evidence or witness either during investigation or trial;

(d)the petitioners 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/- 20/09/2021 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 NO.II, HOSUR 2 THE CHIEF JUDICIAL MAGISTRATE KRISHNAGIRI [FOR INFORMATION] 3 THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, HOSUR, KRISHNAGIRI DISTRICT.

4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

5 THE SUPERINTENDENT, CENTRAL PRISON, SALEM +2 CC to M/S.R.JAYAPRAKASH Advocate on payment of necessary charges SR.No.10274 CRL OP.16500/2021 Date :20/09/2021 APN 21/09/2021