R.Gokulakrishnan v. The State Rep By Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 03.08.2022

CORAM

THE HON'BLE MR. JUSTICE G.K.ILANTHIRAIYAN R.Gokulakrishnan

...Petitioner

Vs.

The State Rep. by Inspector of Police, Tiruppur North Police Station, Tiruppur city.

Crime No.641 of 2022.

...Respondent

PRAYER:

Criminal Original Petition is filed under Section 439 of Cr.P.C. praying to enlarge the petitioner on bail in connection with the case in Crime No.641 of 2022 pending on the file of respondent Police Station. For Petitioner : Mr.R.Prabakar For Respondent : Mr.A.Damodaran, Additional Public Prosecutor

ORDER

The petitioner, who was arrested and remanded to judicial custody on 18.06.2022 for the offences punishable under Sections 120(B), 452, 342, 392, 506(ii) of IPC in Crime No. 641 of 2022 on the file of the respondent police, seeks bail.

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2.The case of the prosecution is that, on 12.06.2022, at about 3 p.m., four persons armed with deadly weapons with masked face tresspassed into the house of the de-facto complainant and on knife point, they have robbed 13 sovereigns of jewels and Rs.12,00,000/-. Hence, the complaint.

3. There are totally five accused persons. A1 to A4 committed the offence, for which the petitioner was master brain behind the crime. The petitioner was arrested on 18.06.2022. Only on the confession statement of A1 to A4, the petitioner has been implicated as an accused. That apart, larger portion of the amount was recovered from A4.

4. Considering the above facts and circumstances of the case and also the period of incarceration by the petitioner from the date of his arrest i.e., 18.06.2022, this Court is inclined to grant bail to the petitioner. 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 2/4

Judicial Magistrate Court, Tiruppur, 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 Chennai and report before Inspector of Police, Egmore Police Station twice daily at 10.30 a.m. and 5.30 p.m. for a period of four weeks and thereafter report before the respondent police daily at 10.30 a.m., for a period of four weeks and thereafter as and when required for interrogation. [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 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].

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

03.08.2022 mpl 3/4

G.K.ILANTHIRAIYAN, J.

mpl To 1.The Judicial Magistrate Court, Tiruppur.

2.The Inspector of Police, Tiruppur North Police Station, Tiruppur city.

3.District Jail, Tiruppur.

4.The Public Prosecutor, High Court of Madras Crl.O.P.No.18237 of 2022 03.08.2022 4/4