Madras High CourtCRL OP/18622/2020granted

Karunakaran @ Karuna v. State Rep By

2020-11-27Honourable Mr Justice M. Nirmal Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 27.11.2020

CORAM

THE HONOURABLE MR. JUSTICE M.NIRMAL KUMAR Crl.O.P.No.18622 of 2020 Karunakaran @ Karuna ... Petitioner/ Single Accused Vs.

State Rep. by The Sub Inspector of Police, Cheyyar Police Station, Thiruvannamalai District.

Crime No.3140 of 2020 ... Respondent/Complainant Prayer: Criminal Original Petition filed under Section 439 Cr.P.C. to enlarge the petitioner on bail in Crime No.3140 of 2020, on the file of the respondent police.

For Petitioner : Mr.R.Sasikumar for V.R.Appaswamee For Respondent : Mr.C.Raghavan Government Advocate (Crl. Side)

O R D E R

(The case has been heard through video conference) The petitioner who was arrested and remanded to judicial custody on 04.10.2020 for the offences punishable under Sections 341, 394(b), 392 and 506(ii) of IPC in Crime No.3140 of 2020 on the file of the respondent police, seeks bail. 2.The case of the prosecution is that on 04.10.2020, at about 08.00 a.m., the petitioner has waylaid the defacto complainant and by threatening him, robbed an about of Rs.500/- from his pocket. Therefore, the defacto complainant has raised alarm and thereafter nearby public came and at that time, the petitioner by showing knife, has threatened the public and collapsed the public peace. Hence, the complaint.

3.The learned counsel appearing 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 the petitioner has been arrested on 04.10.2020 and he is suffering incarceration for the past 52 days. Hence, he prays to grant bail to the petitioner.

4.The learned Government Advocate(Crl.Side) appearing for the respondent would submit that the petitioner has waylaid the defacto complainant and by threatening him, robbed an amount of Rs.500/- from him. Thereafter, based on the complainant given by the defacto complainant, a case has been registered against the petitioner in Crime No.3140 of 2020 and he was arrested on 04.10.2020. Hence, he opposed to grant bail to the petitioner. 5.Taking into consideration the facts and circumstances of the case and submissions made by the learned counsels and considering the fact that the petitioner is suffering incarceration from 14.10.2020, this Court is inclined to grant bail to the petitioner subject to the following conditions: (a) Accordingly, the petitioner is ordered to be released on bail on condition to execute 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, Cheyyar and on further conditions that:

(b) the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the learned Magistrate may obtain a copy of their Aadhar Card or Bank Pass Book to ensure their identity;

(c) the petitioner shall report before respondent police everyday at 10.30 a.m.,for a period of two weeks and thereafter every Monday at 10.30 a.m., until further orders. (d) the petitioner shall not commit any offences of similar nature;

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

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

(h) on breach of any of the aforesaid conditions, the learned Judicial 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];

(i) if the accused thereafter abscond, a fresh FIR can be registered under Section 229A IPC.

6.With the above directions, this Criminal Original Petition is ordered.

-sd/- 27/11/2020 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, CHEYYAR.

2 THE CHIEF JUDICIAL MAGISTRATE THIRUVANNAMALAI [FOR INFORMATION] 3 THE SUPERINTENDENT, CENTRAL PRISON, VELLORE.

4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

5 THE SUB INSPECTOR OF POLICE, CHEYYAR POLICE STATION, THIRUVANNAMALAI DISTRICT.

+1CC to M/S.V.R.APPASWAMEE Advocate on payment of necessary charges SR NO.7806 CRL OP.18622/2020 Date :27/11/2020 MK:30/11/2020