Amir Syeath @ Amirtharaj v. The State

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 23.12.2020 CORAM :

THE HON'BLE Mr. JUSTICE A.D.JAGADISH CHANDIRA CRL.O.P.No.20719 of 2020 Amir Syeath @ Amirtharaj ... Petitioner Vs.

The State Rep by the Inspector of Police Needamangalam Police Station Thiruvarur District Cr.No.1292 of 2020 ... Respondent Prayer: Criminal Original Petition is filed under Section 439 of Cr.P.C, to enlarge the petitioner on bail in Crime No.1292 of 2020 on the file of the respondent police.

For Petitioner : Mr.M.Murugesan For Respondent : Mr.T.Shunmugarajeswaran Government Advocate (Crl.Side) *****

O R D E R

(The case has been heard through video conference) The petitioner, who was arrested and remanded to judicial custody on 30.09.2020 for the offence punishable under Section 4(a) of Explosive Substances Act, 1908 and Section 507 of IPC in Crime No.1292 of 2020, seeks bail.

2. The case of the prosecution as per the de facto complainant Veerakumar is that on 30.09.2020, he received a parcel in a courier and it was found to be an explosive substance. The de facto complainant had suspected that he had invested in a financial Company viz., Elphin E.Com Private Limited and since the amount was not repaid, he had demanded repayment and thereby, the persons, who were running the finance company, had sent the explosive substances through courier.

3. The learned counsel appearing for the petitioner would submit that the petitioner is an innocent and he is no way connected with the alleged offence. In fact the petitioner has lodged several complaints against the said Elbin Financial Institution and the same

were registered in Crime No.1 of 2019 on the file of the Economical Offences Wing, Trichy and Crime No.68 of 2019 has been filed on the file of the Maruvathur Police Station, Perambalur District and yet another case has been registered in Crime No.218 of 2020 on the file of the Avaniyapuram Police Station, Madurai City and that the petitioner has been falsely implicated in this case only on the confession of co-accused and the co-accused in this case have been granted bail by this Court vide Crl.O.P.Nos.13459 of 2020 and Crl.O.P.No.19294 of 2020 by order dated 26.11.2020 and 11.12.2020 respectively and that the petitioner has been suffering incarceration for 85 days from 30.09.2020. Hence, he prays for grant of bail to the petitioner.

4. The learned Government Advocate (Crl. Side) appearing for the respondent police would vehemently oppose stating that the de facto complainant had invested money in a finance company called Elphin E.Com Private Limited and since he claimed money, the directors of the Company had sent explosive substances through courier. He would submit that the petitioner is a part of the gang, which had sent the explosive substances.

5. At this juncture, the learned counsel for the petitioner would submit that there is no whisper about the petitioner in the complaint.

6. Heard the learned counsel on either side. Perused the FIR.

7. Taking into consideration the facts and circumstances of the case and the submissions of the learned Counsels and also the fact that the alleged explosive substance has not exploded and no one got injured and the co-accused in this case have been granted bail by this Court and also considering the period of incarceration suffered by the petitioner, this Court is inclined to grant bail to the petitioner subject to the following conditions: (a) Accordingly, the petitioner is ordered to be released on bail on condition to execute 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 learned District Munsif-cum-Judicial Magistrate Needamangalam, Thiruvarur District, and on further conditions that; (b) the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the learned Magistrate may obtain a copy of their Aadhar Card or Bank Pass Book to ensure their identity; (c) the petitioner shall stay at Karur and report before the Karur Town Police Station everyday at 10.30 a.m.

(d) the petitioner shall appear before the respondent police as and when required for investigation;

(e) the petitioner shall not commit any offences of similar nature;

(f) the petitioner shall not abscond either during investigation or trial;

(g) the petitioner shall not tamper with evidence or witness either during investigation or trial;

(h) on breach of any of the aforesaid conditions, the learned Judicial 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];

(i) if the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.

8. With the above directions, this Criminal Original Petition is ordered.

-sd/- 23/12/2020 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 DISTRICT MUNSIF CUM JUDICIAL MAGISTRATE, NEEDAMANGALAM, TIRUVARUR DISTRICT.

2 THE CHIEF JUDICIAL MAGISTRATE TIRUVARUR [FOR INFORMATION] 3 THE JAILER DISTRICT JAIL, NAGAPATTINAM DISTRICT.

4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

5 THE INSPECTOR OF POLICE, NEEDAMANGALAM POLICE STATION, THIRUVARUR DISTRICT.

6 THE OFFICER INCHARGE KARUR TOWN POLICE STATION, KARUR.

+1 CC to M/S. MATHIRAM LAW ASSOCIATES Advocate on payment of necessary charges SR.No.8655 CRL OP.20719/2020 Date :23/12/2020 cs 28/12/2020