B.Pramod v. The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 23.06.2023

CORAM

THE HON'BLE MR. JUSTICE A.D.JAGADISH CHANDIRA Crl.O.P.No.14105 of 2023 B.Pramod ... Petitioner Vs.

The State of Tamil Nadu rep by the Inspector of Police KG Chavadi Police Station Coimbatore District ... Respondent PRAYER: Criminal Original Petition filed under Section 439 of Cr.P.C., pleased to enlarge the petitioner on bail concerned in Crime No.51 of 2023 on the file of the respondent.

For petitioner : Mr.Deepan Uday For Respondent : Mr.C.E.Pratap Government Advocate (Crl. Side)

COMMON ORDER The petitioner who was arrested and remanded to judicial custody on 29.04.2023 for the offences punishable under Section 394 IPC @ 395 and 397 of IPC in Crime No.51 of 2023 on the file of the respondent police, seeks bail.

2. The case of the prosecution as per the defacto complainant Barath Shambaji Raw Pattel is that on 28.03.2023 while the defacto complainant had come to Ukkadam along with his nephew to sell some gold jewels and to buy some jewels, some persons intercepted their car and taken away an amount of Rs.25 lakhs from the defacto complainant. Hence, the case.

3. The learned counsel 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 even in the FIR, it is stated that only a sum of Rs.4 lakhs was stolen, whereas later, a false and exaggerated complaint

has been given as if, the defacto complainant was having Rs.25 lakhs and it was robbed by the petitioner which seems that the defacto complainant was travelling with Hawala money and a false case has been foisted against the petitioner. He would further submit that the petitioner is in custody from 29.04.2023 and hence, he prayed for grant of bail to the petitioner.

4. The learned Government Advocate (Crl. Side) appearing for the respondent police vehemently opposed for grant of bail to the petitioner stating that there are totally 7 accused in this case and on the date of occurrence, they have intercepted the defacto complainant and taken away a sum of Rs.25 lakhs from him which he had brought from Kerala for purchasing jewels. He would further submit that a sum of Rs.11 lakhs has been recovered so far and the main accused A1 is absconding.

5. Heard the learned Counsel for the petitioner and the learned Government Advocate (Crl. Side) for the respondent police and perused the materials available on record including the FIR.

6. This Court taking into consideration the facts and circumstances of the case and the submissions made by the learned counsel on either side and considering the period of incarceration undergone by the petitioner, this Court is inclined to grant of bail to the petitioner with certain conditions.

7. Accordingly, the petitioner is ordered to be released on bail on his executing a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand Only) with two sureties out of which, one surety shall be a blood relative of the petitioner, each for a like sum to the satisfaction of the learned District Munsif cum Judicial Magistrate, Madukkarai 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 report before the respondent police daily at 10.30 a.m. until further orders;

[c] At the time of furnishing sureties, the blood related surety shall convince the learned Magistrate with regard to his/her permanent residence;

[d] the petitioner shall not abscond during trial;

[e] the petitioner shall not tamper with evidence or witness during trial;

[f] 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];

[g] If the accused thereafter abscond, a fresh FIR can be registered under Section 229A IPC. 23.06.2023 ksa-2

A.D.JAGADISH CHANDIRA,J., ksa-2 To 1.The District Munsif cum Judicial Magistrate Court, Madukkarai 2.The Inspector of Police KG Chavadi Police Station Coimbatore District

3. Central Prison, Coimbatore

4. The Public Prosecutor, High Court of Madras.

23.06.2023