Yuvaraj v. State Rep.By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 15.09.2023

CORAM

THE HON'BLE MR. JUSTICE G.CHANDRASEKHARAN Crl.O.P.No.21577 of 2023 Yuvaraj

...Petitioner

Vs.

The State Rep by The Inspector of Police, H-6, R.K.Nagar Police Station, Chennai - 600 081 (Crime No.516 of 2023) ...Respondent. PRAYER:

Criminal Original Petition is filed under Section 439 of Cr.P.C. praying to enlarge the petitioner on bail pending investigation in Crime No.516 of 2023 on the file of respondent Police. For Petitioner : Mr.Prabhu Doss For Respondent : Mr.S.Rajakumar Additional Public Prosecutor 1/6

ORDER

The petitioner, who was arrested and remanded to judicial custody on 20.08.2023 for the offences punishable under Sections 399, 402 of IPC in Crime No.516 of 2023 on the file of the respondent police, seeks bail.

2.The learned counsel for the petitioner submitted that, petitioner is an innocent and he is falsely implicated in a case registered in Crime No. 516 of 2023 for the offences under Sections 399, 402 of IPC, since, there are previous cases pending against the petitioner. He further submitted, only with a view to keep the petitioner in jail, this false case is foisted. Petitioner is in judicial custody from 20.08.2023. Thus, this petition is filed for seeking bail.

3.In response, the learned Additional Public Prosecutor submitted that, defacto complainant along with the police party on 20.08.2023 at about 10.00.a.m., were in routine rounds. They found the accused persons planning to commit robbery by conversing among themselves 2/6

near IOC Thandaiyarpet Yard. They planned to commit robbery and if anyone tries to prevent them, they planned to murder him. They were found in possession of knife, iron rod and rope. Accused were apprehended and FIR was registered. He further submitted that, apart from this case, there are nine previous cases pending against the petitioner.

4. It appears from the FIR allegations that, petitioner and other accused were arrested only as a preventive measure and there is no incriminating material as of now, against the petitioner to show that, petitioner committed the offence. Petitioner is in Judicial Custody from 20.08.2023 and that material part of the investigation might have been over by this time. Thus, this Court is inclined to grant bail to the petitioner.

6.Accordingly, the petitioner is ordered to be released on bail on their executing 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 3/6

of the learned XV Metropolitan Magistrate, George Town, 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 10.00.a.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 in P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560]. [f] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.

15.09.2023 4/6

sma To

1. XV Metropolitan Magistrate, George Town, Chennai 2.The Inspector of Police, H-6, R.K.Nagar Police Station, Chennai - 600 081 3.Central Prison, Puzhal Jail, Chennai.

4.The Public Prosecutor, High Court of Madras 5/6

G.CHANDRASEKHARAN.

J.

sma Crl.O.P.No.21577 of 2023 15.09.2023 6/6