Surendar @ Puli v. The State Rep By Its,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 03.11.2022

CORAM

THE HON'BLE MR. JUSTICE A.D.JAGADISH CHANDIRA Surendar @ Puli ... Petitioner Vs.

State rep by The Inspector of Police, Arakkonam Taluk Police Station, Ranipet District.

(Crime No.206 of 2022) ... Respondent PRAYER: Criminal Original Petition filed under Section 439 of Cr.P.C., pleased to enlarge the petitioner on bail pending investigation in connection with Crime No.206 of 2022 on the file of the respondent police. For Petitioner : Mr.R.Prathap Kumar 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 24.07.2022 for the offences punishable under Sections 323, 341, 354(b), 366, 392 & 506(ii) of IPC in Crime No.206 of 2022 on the file of respondent police, seeks bail.

2. The case of the prosecution as per the defacto complainant is that while she was returning to her house on 24.07.2022, at about 5.50 pm, the petitioner along with the other accused had waylaid the defacto complainant and by brandishing a knife, had robbed an amount of Rs.1500/- and cell phone from her. Hence, the case.

3. The learned counsel appearing for the petitioner would submit that the petitioner is an innocent and he has nothing to do with the alleged offence. He would submit that since the petitioner has got two previous cases, the respondent police had summoned the petitioner to the police station. However, on fearing of arrest, the petitioner did not appear before the respondent police and a case has been foisted against the petitioner as if he had committed robbery. He would submit that the petitioner has a 2/6

permanent resident and the petitioner is in custody for more than 70 days. Therefore, he prays to grant bail to the petitioner.

4. The learned Government Advocate (crl.side) appearing for the respondent would submit that the petitioner along with the other accused had way laid the defacto complainant and robbed a sum of Rs.1500/- and a cell phone from her. He would submit that only part of the amount has been recovered and the investigation is pending. Hence, he vehemently opposed to grant bail to the petitioner.

5. Heard both the learned counsel and perused the materials available on record including the First Information Report.

6. Taking into consideration of the facts and circumstances of the case and the submissions made by the learned counsel for the petitioner and also period of incarceration suffered by the petitioner from 24.07.2022, this Court is inclined to grant bail to the petitioner. 3/6

7. Accordingly, the petitioner is ordered to be released on bail on his 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 of the learned Judicial Magistrate, Arakkonam 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 stay at Sathyamangalam and report before the Sathyamangalam Police Station every day at 10.30 am for a period of one month and thereafter report before the respondent Police every Saturday at 10.30 am 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 4/6

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 abscond, a fresh FIR can be registered under Section 229A IPC.

03.11.2022 shk To

1. The learned Judicial Magistrate, Arakkonam 2.The Inspector of Police, Arakkonam Taluk Police Station, Ranipet District.

3. The Central Prison, Salem.

4. The Public Prosecutor, High Court of Madras.

5/6

A.D.JAGADISH CHANDIRA,J.

shk Crl.O.P.No.26620 of 2022 03.11.2022 6/6