Arulkumar v. The State By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 03.08.2022

CORAM

THE HON'BLE MR. JUSTICE G.K.ILANTHIRAIYAN Arulkumar

...Petitioner

Vs.

State by the Inspector of Police, Thirukkannapuram Police Station, Nagapattinam District.

Crime No.135 of 2022.

...Respondent

PRAYER:

Criminal Original Petition is filed under Section 439 of Cr.P.C. praying to enlarge the petitioners on bail in relating to the case registered as Crime No.135 of 2022 on the file of the Respondent. For Petitioner : Mr.C.Munusamy For Respondent : Mr.A.Damodaran, Additional Public Prosecutor

ORDER

The petitioner, who was arrested and remanded to judicial custody on 25.06.2022 for the offences punishable under Sections 457 and 380 of IPC in Crime No. 135 of 2022 on the file of the respondent police, seek bail.

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2.The case of the prosecution is that, the petitioner along with other accused persons had robbed a sum of Rs.1,00,000/- and 4 sovereigns of gold from the de-facto complainant's house. Hence, the complaint.

3.The learned counsel appearing for the petitioner submits that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution. He further submitted that the petitioner is in Judicial Custody from 25.06.2022 onwards. Hence, he prays for grant of bail to the petitioner.

4.The learned Additional Public Prosecutor appearing for the respondent would submit that, so far, 6 grams of gold chain and Rs.4,000/- was recovered from the petitioner. However, he opposed for grant of bail to the petitioner.

5. 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., 25.06.2022, this Court is inclined to grant bail to the 2/5

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 blood related sureties, each for a like sum to the satisfaction of the learned Judicial Magistrate No.II, Nagapattinam, 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 twice daily at 10.30 a.m. and 5.30 p.m., until further orders. [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.

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03.08.2022 mpl 4/5

G.K.ILANTHIRAIYAN, J.

mpl To 1.The Judicial Magistrate No.II, Nagapattinam. 2.The Inspector of Police, Thirukkannapuram Police Station, Nagapattinam District.

3.District Jail, Nagapattinam.

4.The Public Prosecutor, High Court of Madras Crl.O.P.No.18217 of 2022 03.08.2022 5/5