Elaiyaperumal v. The State Rep By Its,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 17.11.2022

CORAM

THE HON'BLE MR. JUSTICE A.D.JAGADISH CHANDIRA Elaiyaperumal ... Petitioner Vs.

The State represented by, The Inspector of Police, S.H.O. Panruti Police Station.

Cuddalore District.

(Crime No.656/2022).

... Respondent PRAYER: Criminal Original Petitions filed under Section 439 of Cr.P.C., pleased to enlarge the petitioner on bail in connection with the Crime No.656 of 2022 pending investigation on the file of the respondent Police. For Petitioner : Mr.V.Parthiban 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 21.09.2022 for the offences punishable under Sections 457 & 380 of IPC, in Crime No.656 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 had committed burglary and decamped with 28 sovereigns of gold from the house of the de-facto complainant. Hence the case.

3. Learned counsel appearing for the petitioner submitted that the petitioner is an innocent person and only based on the suspicion, he has been arrested by the respondent on 21.09.2022 and he is in custody for more than 50 days. He further submitted that he is ready to abide by any stringent conditions that may be imposed by this Court and hence, he prayed for grant of bail to the petitioner.

4. Learned Government Advocate (Crl.Side) appearing for the respondent police submitted that the petitioner along with the four other accused have committed burglary and decamped with 28 sovereigns of gold 2/6

jewels from the house of the de-facto complainant. He further submitted that so far no recovery has been made from the accused. He also stated that there is no previous case as against the petitioner, however, he opposed to grant bail to the petitioner.

5. Heard the learned counsel for the petitioner and the learned Government Advocate (Crl.Side) and perused the materials available on record.

6. Taking into consideration the facts and circumstances of the case and the submissions made by the learned counsel and also considering the period of incarceration undergone by the petitioner, this Court is inclined to grant bail to the petitioner with certain conditions.

7. Accordingly, the petitioner is ordered to be released on bail on his executing a bond for a sum of Rs.10,000/-(Rupees Ten thousand only) with two sureties, each for a like sum to the satisfaction of the learned Judicial Magistrate-I, Panruti, Cuddalore District, and on further conditions that:

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[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 10.30 a.m. and 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, 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.

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1. The Judicial Magistrate - I, Panruti, Cuddalore District.

2. The Inspector of Police, S.H.O. Panruti Police Station, Cuddalore District.

3. The Central Prison.

Cuddalore.

4. The Public Prosecutor, High Court of Madras.

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A.D.JAGADISH CHANDIRA.,J.

ham 17.11.2022 6/6