Vignesh @ Sri Vignesh v. State Rep By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 10.11.2021
CORAM:
THE HON'BLE MRS.JUSTICE T.V.THAMILSELVI Crl.O.P.No.21108 of 2021 Vignesh @ Sri Vignesh .. Petitioner Vs.
The State Rep.by its
...Respondent
The Inspector of Police, Kitchipalayam Police Station, Namakkal District.
Crime No.530 of 2021 PRAYER: Criminal Original Petition has been filed under Section 439 of Cr.P.C praying to release the petitioner on bail in Crime No.530 of 2021 pending investigation on the file of the respondent. For Petitioner : Mr.W.Camyles Gandhi 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 28.09.2021 for the offences under Sections 341, 392, 397 and 506(ii) of IPC in Crime No.530 of 2021, on the file of the respondent police, seeks bail.
2. The case of the prosecution is that when the defacto complainant wen his job, at that time, the petitioner waylaid the defacto complainant and showing a knife and snatched Rs.750/- and escaped from the place. Hence, the complaint.
3. The learned counsel for the petitioner would submit that the petitioner has not committed any such offence as alleged by the prosecution and he has been falsely implicated in this case. He further submits that the petitioner has been suffering incarceration for more than 50 days from 29.10.2021. Hence he prays for grant of bail to the petitioner.
4.The learned Government Advocate submits that the petitioner is having previous cases as against the petitioner, but in all cases, he has been released on bail.
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-II, Salem 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/- 10/11/2021 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.II, SALEM 2 THE CHIEF JUDICIAL MAGISTRATE SALEM [FOR INFORMATION] 3 THE INSPECTOR OF POLICE, KITCHIPALAYAM POLICE STATION, NAMAKKAL DISTRICT 4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
5 THE SUPERINTENDENT, CENTRAL PRISON, SALEM +1 CC to M/S W.CAMYLES GANDHI Advocate on payment of necessary charges SR.No.12571 CRL OP.21108/2021 Date :10/11/2021 APN 11/11/2021