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Madras High CourtCRL OP/25843/2024granted

Sivaraman v. State Rep By

2024-10-19Honourable Mr.Justice P. Dhanabal6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 19.10.2024

CORAM

THE HON'BLE MR. JUSTICE P.DHANABAL Crl.O.P.No.25843 of 2024 Sivaraman

...Petitioner

Vs.

The State rep by The Inspector of Police Kelambakkam Police Station, Tambaram City, Chengalpattu District ( Crime No.136 of 2024)

...Respondent/Complainant

PRAYER: Criminal Original Petition filed under Section 483 of B.N.S.S. Act, 2023, praying to enlarge the petitioner on bail in C.C.No.80 of 2014 pending on the file of Judicial Magistrate, Thirupporur in Crime No.136 of 2024.

For Petitioner : Mr.C.C. Chellappan For Respondent : Mr.S.Vinothkumar Government Advocate (Crl. Side) ***** 1/6

O R D E R

The petitioner seeks bail in C.C.No.80 of 2014 pending on the file of Judicial Magistrate, Thirupporur for the offences under Sections 420,419 of I.P.C in Crime No.136 of 2024 on the file of the respondent police. The petitioner was arrested and remanded to judicial custody on 10.05.2024.

2. The case of the prosecution is that the petitioner impersonated himself as a police official and snatched golden chains and cash from the victim. Hence, the respondent police has registered a case against the petitioner.

3. Learned counsel for the petitioner submitted that the petitioner is an innocent person, he has not committed any offence as alleged by the prosecution, and he has been falsely implicated in this case. He would further submit that the petitioner is arrested and is in judicial custody from 10.05.2024 and is ready to abide by any conditions that may be imposed by this Court. Hence, he prayed bail for the petitioner.

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4. Learned Government Advocate (Crl.Side) opposes the grant of bail to the petitioner by stating that the petitioner impersonated himself as a police official and snatched golden chains and cash from the victim . He further submitted that investigation was completed and charge sheet also filed there are three previous case pending against the petitioner.

5. Heard both sides and perused the materials available on record.

6. Considering the submission of the learned counsel on either side, considering the period of incarceration undergone by the petitioner and investigation was completed and charge sheet also filed, and also taking note of the fact that even though the petitioner has some previous cases, bail was granted to the petitioner in those cases and the detention order being revoked by this Court in H.C.P.No.1481 of 2024 on 27.08.2024 and also considering all others factors, I am inclined to grant bail to the petitioner, subject to certain conditions. 3/6

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 Chief Judicial Magistrate, Chengalpattu and on further conditions that:

[a] the petitioner shall report before the Chief Judicial Magistrate, Chengalpattu on working days at 10.30 a.m., for a period of 30 days.

[b] the petitioner shall attend in accordance with the conditions of the bond;

[c] the Petitioner shall not commit any offences of similar to the offence of which he is accused, or suspected, or of the commission of which he is suspected; [d] the Petitioner shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence;

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[e] the Petitioner shall not abscond either during investigation or trial;

[f] On breach of any of the aforesaid conditions, the learned Judicial 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]; and [g] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 B.N.S.

19.10.2024 smn To 1.The Chief Judicial Magistrate, Chengalpattu 2.The Superintendent, Central Prison Puzhal, Chennai 3.The Inspector of Police Kelambakkam Police Station, Tambaram City, Chengalpattu District 4.The Public Prosecutor, High Court of Madras.

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P.DHANABAL, J.

smn Crl.O.P.No.25843 of 2024 19.10.2024 6/6