Gnanaprasath @ Kaipillai v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 05.08.2022

CORAM

THE HON'BLE MR. JUSTICE G.K.ILANTHIRAIYAN Gnanaprasath @ Kaipillai

...Petitioner

Vs.

State rep. by, The Inspector of Police, Sunguvachathiram Police Station, Kancheepuram District.

(Crime No.1194 of 2020) ..Respondent PRAYER:

Criminal Original Petition is filed under Section 439 of Cr.P.C. praying to enlarge the petitioner on bail pending investigation in Crime No.1194 of 2020 on the file of the respondent police. For Petitioner : Mr.R.Sasikumar For Respondent : Mr.A.Damodaran, Additional Public Prosecutor 1/6

ORDER

The petitioner, who was arrested and remanded to judicial custody on 11.07.2022 for the offences punishable under Sections 457, 392, 397, 452 & 506(ii) of IPC in crime No.1194 of 2020 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that on 16.12.2020, the petitioner along with other accused snatched gold chain from the defacto complainant. Hence, the case.

3. The learned counsel for the petitioner submitted that originally the petitioner was arrested and remanded to judicial custody on 01.07.2022 in Crime No.380 of 2022 for an offence under Sections 25(1A) of ARMS Act. The respondent police arrested the petitioner by way of PT warrant. Hence, he prays for grant of bail to the petitioner.

4. Considering the fact that the occurrence took place in the year 2020 and now the petitioner was arrested on PT warrant and also considering the period of incarceration by the petitioner, from the date of 2/6

his arrest i.e., 11.07.2022, this Court is inclined to grant bail to the petitioner.

5. 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, Sriperumbudhur, 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 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 3/6

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.

05.08.2022 Sma 4/6

To

1. The Judicial Magistrate, Sriperumbudhur, Ponneri.

2.The Inspector of Police, Sunguvachathiram Police Station, Kancheepuram District.

3.Central Prison, Puzhal.

4.The Public Prosecutor, High Court of Madras.

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G.K.ILANTHIRAIYAN, J.

Sma Crl.O.P.No.18272 of 2022 05.08.2022 6/6