Elumalai v. Inspector Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 28.12.2023
CORAM
THE HON`BLE MR.JUSTICE P.DHANABAL Crl.O.P.No.28979 of 2023 1.Elumalai Son of Ramu
2. Arunkumar Son of Sankar ... Petitioners Vs State Rep. By The Inspector of Police D-5 Marina Police Station, Chennai.
... Respondent Petition filed under Sec.439 of Cr.P.C to enlarge the petitioners on bail in Crime No.230 of 2023 pending investigation on the file of the respondent police.
For Petitioners : Mr.S.Kartik 1/6
For Respondent : Ms.G.V.Kasthuri Additional Public Prosecutor
ORDER
The petitioners, who were arrested and remanded to judicial custody on 10.11.2023 for an offence under sections 294(b), 341, 397, 506(ii) of IPC in Crime No. 230 of 2023 on the file of the Inspector of Police, D-5 Marina Police Station, Chennai, seek bail. 2.The learned counsel appearing for the petitioners would contend that the petitioners are in custody for more than 45 days and they have not committed any offence as alleged in FIR. Hence, he prayed to grant bail to the petitioner.
3. The learned Additional Public Prosecutor appearing for the respondent police would contend that the petitioners robbed a sum of Rs.2,300/- from the defacto complainant's shop and a part of the amount was recovered. The Additional Public Prosecutor would further submit that there are six previous cases against the first petitioner and four previous cases against the second petitioner and the offences are grave in 2/6
nature and there is a specific overt act as against the petitioners. If the petitioners released on bail, it will affect the investigation and thereby, she strongly opposed to grant bail to the petitioners. 4.Heard both sides and perused the materials available on record including the First Information Report.
5.Considering the submissions made on either side, considering the period of incarceration and the fact that part of the amount has been recovered, this court is inclined to grant bail to the petitioners subject to the following conditions:
[a] Accordingly, the petitioners are ordered to be released on bail on condition to execute 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 II Metropolitan Magistrate Court, Egmore, Chennai and on further conditions that:
[b] the petitioners shall report before respondent police daily at 10.00 A.M., until further orders.
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[c] the petitioners shall not commit any offences of similar nature. [d] the petitioners shall not abscond either during investigation or trial.
[e] the petitioners shall not tamper with evidence or witness 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 petitioners in accordance with law as if the conditions have been imposed and the petitioners 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]. [g] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.
28.12.2023 index: Yes/No Internet: Yes/No Speaking/Non Speaking order gpa/dpa TO 4/6
1. II Metropolitan Magistrate Court, Egmore, Chennai
2. Central Prison, Puzhal, Chennai 3.The Inspector of Police D-5 Marina Police Station, Chennai.
4.The Public Prosecutor, Madras High Court, Chennai.
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P.DHANABAL ,J gpa/dpa Crl.O.P.No.28979 of 2023 28.12.2023 6/6