J.Charles v. The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 25.11.2022

CORAM

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

The State rep. By The Inspector of Police, H1-Old Washermanpet Police Station, Chennai.

... Respondent PRAYER: Criminal Original Petition filed under Section 439 of Cr.P.C., pleased to enlarge the petitioner on bail investigation pending in Crime No.664 of 2022 on the file of the respondent. For Petitioner : Mr.K.Anand 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 06.10.2022 for the offences punishable under Section 399 of IPC in Crime No.664 of 2022 on the file of respondent police, seeks bail.

2. The case of the prosecution as per the defacto complainant, who is the Auto driver is that on 05.10.2022, while he was sleeping in his Auto, he had seen the accused making preparation to commit robbery. 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 some 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 prepared to commit robbery. He would submit that the petitioner is in custody for more than 45 days and the petitioner is prepared to abide by any stringent conditions imposed on him. Therefore, he prays to grant bail to the 2/6

petitioner.

4. The learned Government Advocate (crl.side) appearing for the respondent would submit that the petitioner is an habitual offender and there are 10 previous cases pending against him. He would submit that the petitioner along with the other accused had prepared to commit robbery and that 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 06.10.2022, this Court is inclined to grant bail to the petitioner.

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 3/6

thousand only) with two sureties, each for a like sum to the satisfaction 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 every day at 10.30 am and 5.30 pm 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 4/6

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.

25.11.2022 shk To

1. The learned XV Metropolitan Magistrate, George Town, Chennai 2.The Inspector of Police, H1-Old Washermanpet Police Station, Chennai.

3. The Central Prison, Puzhal.

4. The Public Prosecutor, High Court of Madras.

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A.D.JAGADISH CHANDIRA,J.

shk Crl.O.P.No.29029 of 2022 25.11.2022 6/6