Vasanth @ Vasanthakumar v. The Inspector Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 13.10.2022
CORAM
THE HON'BLE MR. JUSTICE A.D.JAGADISH CHANDIRA Crl.O.P.No. 24788 of 2022 Vasanth@Vasanthakumar ... Petitioner Vs.
The State of Tamil Nadu, Rep. by the Inspector of Police, H-6, R.K.Nagar Police Station, Chennai.
... Respondent PRAYER: Criminal Original Petition filed under Section 439 of Cr.P.C., pleased to enlarge the petitioner on bail pending investigation of the case connected with the Crime No.502 of 2022 (on the file of the Inspector of Police, H-6, R.K.Nagar Police Station, Chennai). For Petitioner : Mr.M.Illiyas For Respondent : Mr.C.E.Pratap Government Advocate (Crl. Side) 1/6
O R D E R
The petitioner, who was arrested and remanded to judicial custody on 25.08.2022, for the offences punishable under Sections 399 and 402 of IPC, in Crime No.502 of 2022, on the file of the respondent police, seeks bail.
2. The case of the prosecution is that the petitioner along with the other accused was found to be making preparation for committing robbery. Hence the complaint.
3. The learned counsel appearing for the petitioner would submit that the case was foisted on the petitioner. He would also submit that the petitioner has some previous cases against him and the the respondent police intended to take proceedings under Section 111 of Cr.P.C., had summoned the petitioner, since the petitioner did not go the Police Station, the case has been foisted against him. Therefore, he prays for grant of bail to the petitioner.
2/6
4. Per contra, the learned Government Advocate (Crl.Side) appearing for the respondent would submit that the petitioner is a habitual offender, against whom, there are 7 previous cases are pending. Therefore, he vehemently opposed to grant bail to the petitioner.
5. At this juncture, in reply, learned counsel appearing for the petitioner would submit that the similarly placed accused in this case have been granted bail by the lower Court. Therefore, he prays for grant of bail to the petitioner.
6. Heard the learned counsel for the petitioner and the learned Government Advocate (Crl.Side) for the respondent and perused the materials available on record.
7. Taking into consideration the facts and circumstances of the case and the submission made by the learned counsel, this Court is inclined to grant bail to the petitioner.
3/6
8. Accordingly, the petitioner is ordered to be released on bail on his executing a bond for a sum of Rs.15,000/- (Rupees Fifteen Thousand only) with two blood related sureties, each for a like sum to the satisfaction of the learned XV Metropolitan Magistrate, G.T, Chennai, 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 05.30 p.m., until further orders;
[c] the petitioner shall not abscond either during investigation or trial;
[d] the petitioner shall not tamper with evidence or witness 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 4/6
in P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560];
[f] If the accused thereafter abscond, a fresh FIR can be registered under Section 229A IPC.
13.10.2022 rgi To
1. The XV Metropolitan Magistrate, G.T, Chennai.
2. The Inspector of Police, H-6, R.K.Nagar Police Station, Chennai.
3. The Central Prison, Puzhal.
4.The Public Prosecutor, High Court of Madras.
5/6
A.D.JAGADISH CHANDIRA., J.
rgi Crl.O.P.No. 24788 of 2022 13.10.2022 6/6