Thangapandiyan v. The State Rep By Its
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 21.10.2021
CORAM
THE HONOURABLE MR.JUSTICE M.DHANDAPANI Crl.O.P.No.19413 of 2021 1.Thangapandiyan 2.Karthi ... Petitioners Vs.
The State rep. by its Sub - Inspector of Police, Polur Police Station, Thiruvannamalai District.
... Respondent Prayer:
Petition filed under Section 439 of Cr.P.C., seeking to enlarge the petitioners on bail in Crime No.909 of 2021 pending investigation on the file of the respondent.
For Petitioners : Mr.E.Sathiyaraj For Respondent : Mr.A.Gopinath Government Advocate (Crl. Side)
O R D E R
The petitioners who were arrested on 24.09.2021 and remanded to judicial custody for the offence under Sections 399 of I.P.C. in Crime No.909 of 2021 on the file of the respondent police, seek bail.
2.It is the case of the prosecution that the petitioners are alleged to have been preparing to commit dacoity. 3.The learned counsel appearing for the petitioners would submit that the petitioners have not committed any offence as alleged by the prosecution.
4.The learned Government Advocate (Criminal Side) submitted that there is one previous case as against the petitioners for the offence under Section 307 of I.P.C.
5.Considering the period of incarceration undergone by the petitioners and the fact that the previous case as against the petitioners is not of similar nature, I am inclined to grant bail to the petitioners.
6.Accordingly, the petitioners are ordered to be released on bail on their executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand Only) each, with two sureties, of whom, one should be a blood related surety, each for a like sum to the satisfaction of the learned Judicial Magistrate, Polur, Thiruvannamalai District and on further condition 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 petitioners shall report before the respondent police, daily at 10.30 a.m. for a period of two weeks and thereafter as and when required for interrogation;
(c)the petitioners shall not tamper with evidence or witness either during investigation or trial;
(d)the petitioners shall not abscond 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 petitioners in accordance with law as if the conditions have been imposed and the petitioners 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]; and;
(f)if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.
-sd/- 21/10/2021 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, POLUR, THIRUVANNAMALAI DISTRICT.
2 THE CHIEF JUDICIAL MAGISTRATE THIRUVANNAMALAI [FOR INFORMATION] 3 THE SUPERINTENDENT, CENTRAL PRISON, VELLORE.
4 THE SUB INSPECTOR OF POLICE, POLUR POLICE STATION, THIRUVANNAMALAI DISTRICT.
5 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
CC to M/S.E.SATHIYARAJ Advocate on payment of necessary charges CRL OP.19413/2021 Date :21/10/2021 MK:21/10/2021