Amalraj Prasanna v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 09.09.2021

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI Crl.O.P.No.16547 of 2021 A.Amalraj Prasanna ... Petitioner Vs.

State rep. by The Inspector of Police (Crime), J-6 Thiruvanmiyur Police Station, Cr.No.675 of 2021 ... Respondent Prayer:

Petition filed under Section 439 of Cr.P.C., seeking to enlarge the petitioner/ accused on bail pending investigation in Crime No.675 of 2021 on the file of the respondent, The Inspector of Police (Crime), J6- Thiruvanmiyur Police Station, Greater Chennai. For Petitioner : Mr.A.E.Chellaiah Senior Counsel for M/s.K.Sendur Pandi For Respondent : Mr.A.Gopinath Government Advocate (Crl. Side)

ORDER

The petitioner who was remanded on 27.07.2021 for the offence under Sections 406 and 420 of I.P.C. in Crime No.675 of 2021 on the file of the respondent police, seeks bail.

2.It is the case of the prosecution that the petitioner is alleged to have obtained two cars from the defacto complainant on rental basis and thereafter neither paid the rent nor returned the cars.

3.The learned Senior Counsel appearing for the petitioner would submit that the petitioner has not committed any offence as alleged by the prosecution. He would further submit that among the two cars, one car has been recovered and another car is with one Ajay, close relative Police Official and hence, it could not be recovered. He

would further submit that the petitioner would take steps to recover the car from the said Ajay and will hand it over to the law enforcing agency, within a period of two weeks from the date of his release. 4.The learned Government Advocate (Criminal Side) submitted that among the two cars namely, Ford Ecosport bearing Registration No.PY01BZ3874 and Innova Crysta bearing Registration No.PY05C1359, Innova Crysta has been recovered and Ford Ecosport is yet to be recovered.

5.Considering the period of incarceration undergone by the petitioner, I am inclined to grant bail to the petitioner. 6.Accordingly, 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 sureties, of whom, one should be a blood related surety, each for a like sum to the satisfaction of the learned XVIII Metropolitan Magistrate, Saidapet, Chennai - 600 015 and on further condition that:

(a)the petitioner shall take steps to recover the car namely, Ford Ecosport bearing Registration No.PY01BZ3874 and shall hand it over to the law enforcing agency, within a period of two weeks from the date of his release;

(b)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; (c)the petitioner shall report before the respondent police, daily at 10.30 a.m. until further orders;

(d)the petitioner shall not tamper with evidence or witness either during investigation or trial;

(e)the petitioner shall not abscond either during investigation or trial;

(f)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 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]; and;

(g)if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.

-sd/- 09/09/2021 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 METROPOLITAN MAGISTRATE, NO.XVIII, SAIDAPET, CHENNAI.

2 THE CHIEF METROPOLITAN MAGISTRATE, EGMORE, CHENNAI.

3 THE SUPERINTENDENT, CENTRAL PRISON, PUZHAL.

4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

5 THE INSPECTOR OF POLICE (CRIME), J-6 THIRUVANMIYUR POLICE STATION.

+1 CC to M/S K.SENDUR PANDI Advocate on payment of necessary charges 9833 CRL OP.16547/2021 Date :09/09/2021 RW 09/09/2021