Vetrivel @ Vetri v. State Rep By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 12.11.2021
CORAM:
THE HON'BLE MRS.JUSTICE T.V.THAMILSELVI Crl.O.P.No.20795 of 2021 Vetrivel @ Vetri ... Petitioner Vs.
The State represented by The Inspector of Police, Thiruppapuliyur Police Station, Thiruppapuliyur, Cuddalore-607002.
(Crime No.872 of 2021) ... Respondent PRAYER: Criminal Original Petition has been filed under Section 439 of Cr.P.C praying to release the petitioner on bail in Crime No.872 of 2021 on the file of the respondent.
For Petitioner : Mr.S.Manoharan For Respondent : Mr.N.S.Suganthan Government Advocate
ORDER
(The case has been heard through video conference) The petitioner who was arrested and remanded to judicial custody on 12.10.2021 for the offences under Sections 341, 294(b), 392, 397 of IPC r/w 4 of TNPHW Act in Crime No.872 of 2021, on the file of the respondent police, seeks bail.
2. The case of the prosecution is that the petitioner/accused waylaid the defacto complainant and snatched a sum of Rs.1,000/- from the defacto complainant at knife point. Hence, the complaint.
3. The learned counsel for the petitioner submits that the petitioner has not committed any such offence as alleged by the prosecution and due to a previous enmity between the petitioner's
family and the defacto complainant's family, a false case has been foisted against the petitioner.
He further submits that the petitioner has been suffering incarceration for one month from 12.10.2021. Hence he prays for grant of bail to the petitioner.
4. The learned Government Advocate (Crl.Side) submits that the investigation is almost completed. He further submits that there are four previous cases against him. Hence, he vehemently opposed for grant of bail to the petitioner.
5. Considering the period of incarceration suffered by the petitioner and also considering the submissions made by both counsel, this Court is inclined to grant bail to the petitioner with certain conditions.
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 sureties, each for a like sum to the satisfaction of the learned Judicial Magistrate No.III, Cuddalore 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 petitioner report before the respondent police daily at 10.30 a.m until further orders;
(c)the petitioner shall not tamper with evidence or witness either during investigation or trial; (d)the petitioner 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 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]; and;
(f)if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.
-sd/- 12/11/2021 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, NO.III, CUDDALORE.
2 THE CHIEF JUDICIAL MAGISTRATE CUDDALORE [FOR INFORMATION].
3 THE INSPECTOR OF POLICE, THIRUPPAPULIYUR POLICE STATION, THIRUPPAPULIYUR, CUDDALORE - 607 002.
4 THE OFFICER INCHARGE SUB-JAIL, VIRUDHACHALAM.
5 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
+1 CC to M/S. S.MANOHARAN Advocate on payment of necessary charges SR.NO.12684 CRL OP.20795/2021 Date :12/11/2021 JPA 12/11/2021