J.Jegannivasan v. The Inspector Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
( Criminal Jurisdiction ) Thursday, the Nineteenth day of December Two Thousand Nineteen PRESENT The Hon`ble Mr Justice M. SATHYANARAYANAN and The Hon`ble Mr Justice M. NIRMAL KUMAR CRIMINAL ORIGINAL PETITION No.31533 of 2019 J.JEGANNIVASAN [ PETITIONER / ACCUSED ] Vs STATE REP BY [ RESPONDENT ] THE INSPECTOR OF POLICE, DISTRICT CRIME BRANCH, DHARMAPURI, DHARMAPURI DISTRICT.
CRIME NO.1 OF 2018.
For Petitioner : M/S.S.SARAVANA KUMAR Advocate For Respondent : MR.R.PRATHAP KUMAR (ADDITIONAL PUBLIC PROSECUTOR) For Intervener : M/S.A.ILAYA PERUMAL, Advocate PETITION FOR BAIL 439 Cr.P.C.
ORDER : The Court Made the following order :- [Order of the Court was made by M.SATHYANARAYANAN, J.,] The petitioner is arrayed as 4th accused and he is accused for the alleged commission of offences under Sections 109, 120-B, 465, 468, 471 and 420 IPC in Crime No.1/2018, registered by the respondent and he was arrested and remanded to judicial custody and the petition for bail filed by the petitioner in Crl.O.P.No.27537 of 2019, came to be dismissed on 17.10.2019.
2. Mr.S.Saravanakumar, learned counsel appearing for the petitioner would submit that the petitioner was remanded to judicial custody on 04.10.2019 and admittedly, the period of 60 days came to an end on 04.12.2019 and as a matter of right, he is entitled to Statutory Bail and however, on account of the pendency of proceedings before this Court, his petition for enlargement on Statutory Bail
could not be considered by the jurisdictional Magistrate Court and hence prays for appropriate orders.
3. Per contra, learned Additional Public Prosecutor appearing for the State would submit that the investigation is in advance stage and charge sheet is yet to be filed.
4. The learned counsel appearing for the intervenor would submit that the petitioner has repeatedly indulged in the habit of engaging himself in passing fake arbitral awards and despite indulgence shown, he has not express any cooperation and continue to indulge in illegal activities and hence prays for dismissal of this petition.
5. This Court has considered the rival submission and also perused the materials placed before it.
6. Admittedly the petitioner was arrested and remanded to judicial custody on 04.10.2019 and despite a lapse of 60 days, charge sheet is yet to be filed. It is the submission of the learned Additional Public Prosecutor that the investigation is in advance stage.
7. This Court in the light of the provisions of Section 167(2) Cr.P.C, is inclined to enlarge him on Statutory Bail, subject to condition that the petitioner shall execute 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 Judicial Magistrate No.II, Dharmapuri and he shall report before the respondent Police every day as per English calender year at 11.00 am until further orders. The petitioner shall not indulge in activities of tampering of witness and hampering of investigation. If the petitioner fails to comply with any one of the condition, it is open to the respondent/State to move this Court for cancellation of the bail. Accordingly, this Criminal Original petition is ordered.
-sd/- 19/12/2019 This order, on being produced, be punctually observed and carried into execution by all concerned TRUE COPY Sub-Assistant Registrar (Statistics/C.S.) High Court, Madras - 600 104.
TO 1 THE JUDICIAL MAGISTRATE, NO.II, DHARMAPURI.
2 THE CHIEF JUDICIAL MAGISTRATE DHARMAPURI. [FOR INFORMATION]
3 THE INSPECTOR OF POLICE, DISTRICT CRIME BRANCH, DHARMAPURI, DHARMAPURI DISTRICT.
4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
5 THE SUPERINTENDENT, CENTRAL PRISON, SALEM.
+1 CC to M/S.S.SARAVANA KUMAR Advocate on payment of necessary charges SR.NO.26354 CRL OP.31533/2019 Date :19/12/2019 TA-20/12/2019