Jayakumar v. Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 01.09.2023

CORAM:

THE HON'BLE Dr. JUSTICE G.JAYACHANDRAN Crl.O.P.No.20134 of 2023 Jayakumar .. Petitioner/1st Accused Vs.

State Rep.by its The Inspector of Police, B-1, Karumathampatty Police Station, Coimbatore.

(Crime No. 291/2023) ... 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.291 of 2023 on the file of the Inspector of Police, B-1, Karumathampatty Police Station, Coimbatore. For Petitioner : M/s.N.Sudharshan For Respondent : Mr.S.Rajakumar Additional Public Prosecutor ******** 1/4

ORDER

The petitioner was arrested on 14.07.2023 based on the complaint given by one Kamalraj alleging that the petitioner and two others, who are employees, had stolen the thread stocked in the Mill.

2.

The learned counsel appearing for the petitioner states that the petitioner is innocent, he has been falsely implicated in the case and he is ready to abide by any condition, if he released on bail. 3.

The learned Additional Public Prosecutor appearing for the State submits that the stolen articles were recovered and the other two accused were released on bail.

4.

Considering the submissions and the fact that the co-accused already released on bail, this Court is of the view that the petitioner may be granted bail. Accordingly, the petitioner is ordered to be released on bail subject to the following conditions;

(a) the petitioner shall execute a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) with two sureties, each for a like sum, to the satisfaction of the learned Judicial Magistrate Court, Sulur, Coimbatore;

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(b) the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the learned Magistrate may obtain a copy of their Aadhar Card or Bank Pass Book to ensure their identity; (c) the petitioner shall report before the respondent police as and when required for interrogation;

(d) the petitioner shall not abscond either during investigation or trial;

(e) the petitioner shall not tamper with evidence or witness either during investigation or trial;

(f) on breach of any of the aforesaid conditions, the learned Judicial 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]; (g) if the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.

01.09.2023 rpl To 1.The Judicial Magistrate Court, Sulur, Coimbatore. 3/4

Dr.G.JAYACHANDRAN, J.

rpl 2.The Inspector of Police, B-1, Karumathampatty Police Station, Coimbatore.

3.The Superintendent, Central Prison Coimbatore.

4.The Public Prosecutor, High Court, Madras.

Crl.O.P.No.20134 of 2023 01.09.2023 4/4