Arulprakash v. State Rep By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 21.11.2022
CORAM
THE HON'BLE MR. JUSTICE A.D.JAGADISH CHANDIRA ArulPrakash ... Petitioner in all Crl.O.P.'s Vs.
The State by, Station House Officer, SHO Veppur Police Station, (Crime No.497/2022) ... Respondent in Crl.O.P.No.27484 of 2022 The State by, Station House Officer, Veppur Police Station, (Crime No.549/2022) ... Respondent in Crl.O.P.No.27488 of 2022 The State by, Station House Officer, Siruppakkam Police Station, (Crime No.142/2022) ... Respondent in Crl.O.P.No.27509 of 2022 The State by, Station House Officer, SHO Veppur Police Station, (Crime No.548/2022) ... Respondent in Crl.O.P.No.27542 of 2022 1/7
PRAYER in Crl.O.P.No.27484 of 2022: Criminal Original Petition filed under Section 439 of Cr.P.C., to enlarge the petitioner on bail, in the case pending investigation in Cr.No.497 of 2022, on the file of the respondent police.
PRAYER in Crl.O.P.No.27488 of 2022: Criminal Original Petition filed under Section 439 of Cr.P.C., to enlarge the petitioner on bail, in the case pending investigation in Cr.No.549 of 2022, on the file of the respondent police.
PRAYER in Crl.O.P.No.27509 of 2022: Criminal Original Petition filed under Section 439 of Cr.P.C., to enlarge the petitioner on bail, in the case pending investigation in Cr.No.142 of 2022, on the file of the respondent police.
PRAYER in Crl.O.P.No.27542 of 2022: Criminal Original Petition filed under Section 439 of Cr.P.C., to enlarge the petitioner on bail, in the case pending investigation in Cr.No.548 of 2022, on the file of the respondent police.
For Petitioner in all Crl.O.P.'s :
Mr.C.Vidhusan For Respondent in all Crl.O.P.'s :
Mr.C.E.Pratap Government Advocate (Crl.side) 2/7
COMMON ORDER The petitioner, who was arrested and remanded to judicial custody on 13.10.2022 for the offences punishable under Sections 457 & 380 of IPC in Crime Nos.497, 549, 142 & 548 of 2022 on the file of their respondent Police respectively, seek bail.
2. The case of the prosecution is as follows :- (i) In Crl.O.P.No.27484 of 2022, the petitioner was found in possession of brass kalasam, bell and plate worth about Rs.1,300/- which were stolen from the temple of the de-facto complainant. Hence, the complaint.
(ii) In Crl.O.P.No.27488 of 2022, the petitioner was found in possession of brass kalasam, bell and plate worth about Rs.4,000/- which were stolen from the temple of the de-facto complainant. (iii) In Crl.O.P.No.27509 of 2022, the petitioner was found in possession of brass kalasam, bell and plate worth about Rs.1,300/- which were stolen from the temple of the de-facto complainant. (iv) In Crl.O.P.No.27542 of 2022, the petitioner was found in possession of brass kalasam, bell and plate worth about Rs.4,000/- which 3/7
were stolen from the temple of the de-facto complainant.
3. The learned Counsel for the petitioner would submit that petitioner is an innocent person and he has not committed any offence as alleged by the prosecution. Hence, he prays for grant of bail to the petitioner.
4. The learned Government Advocate (Crl.side) appearing for the respondent would submit that the petitioner had received stolen articles from the other accused persons. He would further submit that the investigation is pending. Hence, he opposed for grant of bail to the petitioner.
5. Heard the learned counsel for the petitioner and the learned Government Advocate (Crl.side) for the respondent and perused the materials available on record.
6. Taking into consideration the facts and circumstances of the case, this Court is inclined to grant bail to the petitioner. 4/7
7. 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 common sureties (one among the sureties shall be blood related surety), each for a like sum to the satisfaction of learned Judicial Magistrate no 1, Virudhachalam, 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 Station House Officer, Siruppakkam Police Station everyday at 10.30 a.m., and Station House Officer, Veppur Police Station everyday at 5.30 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, 5/7
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 abscond, a fresh FIR can be registered under Section 229A IPC.
21.11.2022 mpl 6/7
A.D.JAGADISH CHANDIRA.,J.
mpl To
1. The Judicial Magistrate no 1, Virudhachalam. 2.The Station House Officer, Veppur Police Station.
3.The Station House Officer, Siruppakkam Police Station.
4. Cuddalore Central Prison.
5. The Public Prosecutor, High Court of Madras.
Crl.O.P.Nos.27484, 27488, 27509 & 27542 of 2022 21.11.2022 7/7