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Madras High CourtCRL OP/14300/2023granted

Kannan v. State Rep.By

2023-06-27Honourable Mr Justice A.D.Jagadish Chandira5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 27.06.2023

CORAM

THE HON'BLE MR. JUSTICE A.D.JAGADISH CHANDIRA Kannan ... Petitioner Vs.

State rep by The Inspector of Police Redhills Police Station, Avadi.

Crime No.506 of 2023 ... Respondent PRAYER: Criminal Original Petition filed under Section 439 of Cr.P.C., pleased to enlarge the petitioner on bail in Crime No.506 of 2023 on the file of the respondent police.

For Petitioner : Mr.S.Raj For Respondent : Mr. C.E.Pratap Government Advocate (Crl. Side)

O R D E R

The petitioner, who was arrested and remanded to judicial custody on 05.06.2023 for the offences punishable under Sections 294(b), 336, 427, 392, 397 and 506(ii) of IPC in Crime No.506 of 2023 on the file of the respondent police, seeks bail.

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2. The case of the prosecution is that the petitioner along with another accused, who were the customers in the juice shop run by the defacto complainant refused to pay after drinking a juice. When it was questioned by the defacto complainant, the accused have abused him in a filthy language and robbed Rs.630/- from the cash box, hurled cool drinks bottles on the road and escaped from the spot. Hence the case.

3. The learned counsel for the petitioner would submit that the petitioner is an innocent person and he has been implicated in this case. He would further submit that the petitioner is no way connected with the alleged offence. He would also submit that the petitioner is in custody from 05.06.2023, hence, he prayed for grant of bail to the petitioner.

4. The learned Government Advocate (Crl. Side) appearing for the respondent would submit that the petitioner along with another accused, who were the customers in the juice shop run by the defacto complainant refused to pay after drinking a juice. When it was questioned by the defacto complainant, the accused have abused him in a filthy language and robbed Rs.630/- from the cash box. He would also submit that there are eight previous cases pending against the petitioner, out of which, one case is of similar nature. However, he opposed for grant of bail to the petitioner. 2/5

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.

6. Considering the above facts and circumstances of the case, the submissions made by the learned counsel on either side and 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.10,000/- (Rupees Ten thousand only) with two sureties, each for a like sum to the satisfaction of the learned Judicial Magistrate No.II, Ponneri 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 Tirvannamalai and report before the Inspector of Police, Tiruvannamalai Town Police Station, everyday at 10.30 a.m and 6.30 p.m., until further orders. 3/5

[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 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]; [f] If the accused thereafter abscond, a fresh FIR can be registered under Section 229A IPC.

27.06.2023 vkr To

1. The Judicial Magistrate No.II, Ponneri.

2. The Inspector of Police Redhills Police Station, Avadi.

3. The Inspector of Police, Tirvannamalai Town Police Station, Tiruvannamalai.

4. The Central Prison, Puzhal.

5. The Public Prosecutor, High Court of Madras. 4/5

A.D.JAGADISH CHANDIRA,J., vkr 27.06.2023 5/5