Santhose @ Santhosekumar v. State Rep By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 22.11.2021
CORAM:
THE HON'BLE MRS.JUSTICE T.V.THAMILSELVI Crl.O.P.No.21936 of 2021 Santhose @ Santhosekumar ... Petitioner Vs.
The State represented by The Inspector of Police Eravanchery Police Station Thiruvaurur District.
(Cr.No.514 of 2021)
...Respondent
PRAYER: Criminal Original Petition has been filed under Section 439 of Cr.P.C praying to enlarge the petitioner on bail in Crime No.514 of 2021 pending investigation on the file of the respondent police. For Petitioner : Mr.P.Muthamizhselvakumar 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 19.10.2021 for the offences under Sections 341, 294(b), 397, 506(ii) of IPC 1860, in Crime No.514 of 2021, on the file of the respondent police, seeks bail.
2. The case of the prosecution is that on 19.10.2021 at about 10.30 p.m., the petitioner waylaid the defacto complainant and at knife point snatched a sum of Rs.100/- from him. Hence, the complaint.
3. The learned counsel for the petitioner would submit that the petitioner has not committed any offence as alleged by the prosecution and he has been falsely implicated in this case. He would further submit that the petitioner has been suffering incarceration for more than 30 days from 19.10.2021. Hence, he would pray for grant of bail to the petitioner.
4. The learned Government Advocate raised objection stating that the petitioner has got four previous cases out of which, two case are for murder and that the petitioner is a history sheeter.
5. Considering the facts and circumstances of the case and the fact that the investigation is almost completed and also considering the period of incarceration undergone 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 District Munsiff cum Judicial Magistrate, Nannilam, 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 daily at 10.30 a.m. for a period of 12 weeks and thereafter, as and when required for interrogation.
(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/- 22/11/2021 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 DISTRICT MUNSIF CUM JUDICIAL MAGISTRATE, NANNILAM 2 THE CHIEF JUDICIAL MAGISTRATE THIRUVARUR(FOR INFORMATION) 3 INSPECTOR OF POLICE, ERAVANCHERY POLICE STATION, TIRUVARUR DISTRICT 4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
5 THE OFFICER INCHARGE, DISTRICT PRISON, NAGAPATTINAM CC to M/S P.MUTHAMIZHSELVAKUMAR Advocate on payment of necessary charges Sr.13146 CRL OP.21936/2021 Date :22/11/2021 RVR 22/11/2021