S.M.Ravi Kumar v. The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 24.08.2022

CORAM

THE HON'BLE MR. JUSTICE G.K.ILANTHIRAIYAN S.M.Ravi Kumar

...Petitioner

Vs.

State Rep. by:

The Inspector of Police, Peelamedu Police Station, Peelamedu, Coimbatore District.

(Crime No.547 of 2022) ..Respondent PRAYER:

Criminal Original Petition is filed under Section 439 of Cr.P.C. praying to enlarge the petitioner on bail in Crime No. 547 of 2022 on the file of the respondent police.

For Petitioner :Mr.B.Jawahar For Respondent :Mr.A.Damodaran Additional Public Prosecutor 1/6

ORDER

The petitioner, was arrested and remanded to judicial custody on 12.06.2022 for the offences punishable under Sections 394 @ 397 of IPC in crime No.547 of 2022 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that, due to money dispute, on 09.06.2022, at about 10.15.a.m., the petitioner allegedly entered into the defacto complainant's house and thereby attacked him by using axa blade and taken away a sum of Rs.82,00,000/- and and also threatened the defacto complainant with dire consequences. Hence, the case.

3. The learned counsel for the petitioner submitted that, due to money dispute, false complaint has been lodged. Hence, he prays for grant of bail to the petitioner.

4. The learned Additional Public Prosecutor submitted that a sum of Rs.32,42,500/- has been recovered from the petitioner.

5. Considering the above facts and circumstances of the case 2/6

and also the period of incarceration by the petitioner from the date of arrest i.e., 12.06.2022, this Court is inclined to grant bail to the petitioner.

6. 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 sureties, each for a like sum to the satisfaction of the learned Judicial Magistrate No.II, Coimbatore 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. for a period of six 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.

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[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.

24.08.2022 Sma To 1.Judicial Magistrate No.II, Coimbatore.

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2.The Inspector of Police, Peelamedu Police Station, Peelamedu, Coimbatore District.

3.Central Prison, Coimbatore.

4.The Public Prosecutor, High Court of Madras G.K.ILANTHIRAIYAN, J.

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Sma Crl.O.P.No.19673 of 2022 24.08.2022 6/6