Sathishkumar v. State Rep.By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 02.11.2021

CORAM:

THE HON'BLE MR.JUSTICE M.DHANDAPANI Crl.O.P.No.20804 of 2021 1.Sathishkumar ... Petitioners 2.Rajasekar Vs.

State Rep by Sub-Inspector of Police, ... Respondent Brammadesam Police Staion, Thiruvannamali District.

(Crime No.250 of 2021) PRAYER: Criminal Original Petition has been filed under Section 439 of Cr.P.C, prayed to enlarge the petitioners on bail in connection with Crime No.250 of 2021 pending on the file of the respondent Police. For Petitioners : M/S.G.Balajivengakateswaran For Respondent : Mr.A.Gopinath Government Advocate (Crl.Side)

ORDER

The petitioner who was arrested on 16.09.2021 and remanded to judicial custody for the offences under Sections 392, 394 IPC in Crime No.250 of 2021 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that the petitioners had stolen the car from the defacto complainant. Hence , the law enforcing agency registered a case against the petitioner.

3. The learned counsel for the petitioner submitted that the petitioner is an innocent person and he is no way connected with the alleged offences and he has been falsely implicated in this case. He further submits that the petitioner has been jail from 16.09.2021 . Hence he prays for grant of bail to the petitioner.

4. The learned Government Advocate (Crl.Side) submitted that the stolen car was recovered and there is no previous case as pending as against the petitioner.

6. Considering the facts that the stolen car was recovered and also considering the period of incarceration suffered by the petitioner, 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, Cheyyar 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 shall 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/- 02/11/2021 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, CHEYYAR

2 THE CHIEF JUDICIAL MAGISTRATE TIRUVANNAMALAI [FOR INFORMATION] 3 THE SUB- NSPECTOR OF POLICE, BRAMMADESAM POLICE STATION, THIRUVANNAMALAI DISTRICT.

4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

5 THE SUPERINTENDENT, CENTRAL PRISON, VELLORE +3 CC to M/S.G.BALAJIVENGAKATESWARAN Advocate on payment of necessary charges SR.No.12433,12346 CRL OP.20804/2021 Date :02/11/2021 APN 02/11/2021