M.Kumar v. The State Represented By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 02.12.2021
CORAM:
THE HON'BLE MRS.JUSTICE T.V.THAMILSELVI Crl.O.P.No.23064 of 2021 1.M.Kumar 2.Muniyappan
...Petitioners
Vs.
The State represented by Inspector of Police Thanipadi Police Station Thiruvannamalai District (Crime No.698 of 2021)
...Respondent
PRAYER: Criminal Original Petition has been filed under Section 439 of Cr.P.C. praying to enlarge the petitioners on bail in Crime No.698 of 2021 on the file of the respondent police. For Petitioners : Mr.C.Ezhilan For Respondent : Mr.N.S.Suganthan Government Advocate (Crl. Side)
ORDER
(The case has been heard through video conference) The petitioners who were arrested and remanded to judicial custody on 25.09.2021 for the offence under Section 399 IPC in Crime No.698 of 2021, on the file of the respondent police seek bail.
2. The case of the prosecution is that on 25.09.2021 at about 3 a.m., the petitioners along with other accused attempted to commit robbery and they were found in possession of deadly weapons. Hence, the complaint.
3. The learned Counsel for the petitioners submitted that the petitioners are innocent persons and they have been falsely implicated in this case and that the petitioners have been been suffering incarceration for 70 days from 25.09.2021. Hence, he seeks for grant of bail to the petitioners.
4. The learned Government Advocate (Crl. Side) raised objection stating that the petitioners are arrayed as A4 and A5 and they have got one previous case against them but admits that the investigation is almost completed.
5. Considering the fact that the investigation is almost completed and also considering the period of incarceration undergone by the petitioners, this Court is inclined to grant bail to the petitioners with certain conditions.
6. Accordingly, the petitioners are ordered to be released on bail on their executing separate bonds 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, Thanipadi, 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 petitioners shall report before the respondent police daily at 10.30 a.m. until further orders.
(c) After commencement of trial, the petitioners shall appear before the Court on all hearings without fail and co-operate for the trial.
(d)the petitioners shall not tamper with evidence or witness either during investigation or trial;
(e)the petitioners shall not abscond either during investigation or trial;
(f)on breach of any of the aforesaid conditions, the learned Magistrate/ Trial Court is entitled to take appropriate action against the petitioners in accordance with law as if the conditions have been imposed and the petitioners 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; (g)if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.
-sd/- 02/12/2021 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, THANIPADI, THIRUVANNAMALAI DISTRICT.
2 THE CHIEF JUDICIAL MAGISTRATE THIRUVANNAMALAI [FOR INFORMATION] 3 THE INSPECTOR OF POLIC, THANIPADI POLICE STATION, THIRUVANNAMALAI DISTRICT.
4 THE SUPERINTENDENT, CENTRAL PRISON, VELLORE.
5 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
+1CC to M/S.C.EZHILAN Advocate on payment of necessary charges SR.NO.13889 CRL OP.23064/2021 Date :02/12/2021 CSK 02/11/2021