Santhosh@Sandy Santhosh v. Inspector Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 07.09.2022
CORAM
THE HON'BLE MR. JUSTICE G.K.ILANTHIRAIYAN Santhosh @ Sandy Santhosh
...Petitioner
Vs.
State represented by The Inspector of Police, B-2 Vishnu Kanchi Police Station, Kanchipuram (Crime No.591 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.591 of 2022 on the file of the respondent police.
For Petitioner :Mr.A.Saranraj For Respondent :Mr.S.Santhosh Government Advocate (Crl.Side) 1/6
ORDER
The petitioner was arrested and remanded to judicial custody on 10.06.2022 for the offences punishable under Sections294(b), 324, 392, 307, 506(ii) of IPC read with Section 3(1) of TNPPDL Act in Crime No.591 of 2022 on the file of the respondent police, seek bail.
2. The case of the prosecution is that on 10.06.2022, the petitioner waylaid the defacto complainant and demanded money and snatched a sum of Rs.1,000/- from the defacto complainant and also damaged his petty shop. Hence, the case.
3. The learned counsel for the petitioner submitted that the petitioner is an innocent person and he has been falsely implicated in this case. Hence, he prayed for grant of bail to the petitioner.
4. The learned Government Advocate (Crl. Side) already this Court dismissed the petitioner's bail petition in Crl.O.P.No.14867 of 2022 dated 28.06.2022 on the ground that there is proposal for detaining the 2/6
petitioner under goondas act. Hence, he opposed for grant of bail to the petitioner.
5. It is seen that, the detention order was quashed by this Court and considering the fact and circumstances of the case and also considering the period of incarceration by the petitioner from the date of arrest ie., on 10.06.2022, this Court is inclined to grant bail to the petitioner.
6. Accordingly, the petitioner is ordered to be released on bail on his executing separate 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, No.II, Kanchipuram 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 3/6
twice daily at 10.30 a.m. and 5.30 p.m., for a period of four 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.
[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 abscond, a fresh FIR can be registered under Section 229A IPC.
07.09.2022 Sma 4/6
To
1. Judicial Magistrate No.II, Kanchipuram.
2.The Inspector of Police, B-2 Vishnu Kanchi Police Station, Kanchipuram.
3. Central Prison, Puzhal, Chennai.
4.The Public Prosecutor, High Court of Madras 5/6
G.K.ILANTHIRAIYAN, J.
Sma Crl.O.P.No.21392 of 2022 07.09.2022 6/6