Jayaraj 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.29031 of 2023 Jayaraj ... Petitioner Vs.

The State rep by The Inspector of Police, Uthukuli Police Station, Tiruppur District Crime No.354 of 2022 ... Respondent PRAYER: Criminal Original Petition filed under Section 439 of Cr.P.C., pleased to enlarge the petitioner / Accused on bail in Crime No.354 of 2022 pending on the file of the respondent Police. For Petitioner : Mr. W. Camyles Gandhi For Respondent : Mrs.G.V.Kasthuri Additional Public Prosecutor

ORDER

The petitioner who was arrested and remanded to judicial custody on 10.10.2022 for the offences punishable under Sections 392 r/w 34 of 1/5

I.P.C in Crime No.354 of 2022 on the file of the respondent Police, seeks bail.

2. The case of the prosecution is that the petitioner involved in the case of chain snatching. The worth of chain was 3.5 sovereigns approximately. Hence the case.

3.The learned counsel for the petitioner submitted that the petitioner is an innocent person and he has been falsely implicated in this case. He further submitted that the petitioner has been in judicial custody from 10.10.2022 and hence, he seeks for granting of bail to the petitioner. 4.The learned Additional Public Prosecutor for the respondent submitted that the petitioner involved in the case of chain snatching and the worth of chain was 3.5 sovereigns approximately. She further submitted that thestolen property was also recovered from the petitioner. Hence, she opposed for grant of bail to the petitioner.

5.Heard both side and perused the materials available on record. 2/5

6.Considering the rival submissions made on either side and taking into consideration the period of incarceration undergone by the petitioner and also taking note of the fact that the stolen property was recovered from the petitioner, I am inclined to grant bail to the petitioner, subject to the following conditions:

[a] Accordingly, the petitioner is 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 District Munsif Cum Judicial Magistrate, Uthukulli and on further conditions that:

[b] the petitioner shall report before the concerned Court everyday at 10.30 a.m., until further orders.

[c] the petitioner shall not commit any offences of similar nature. [d] the petitioner shall not abscond either during investigation or trial.

[e] the petitioner 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 3/5

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 smn/shl To

1. The District Munsif Cum Judicial Magistrate, Uthukulli 2.The Inspector of Police, Uthukuli Police Station, Tiruppur District

4. The Central prison, Coimbatore

5. The Public Prosecutor, High Court of Madras.

4/5

P.DHANABAL, J.

smn/shl Crl.O.P.No.29031 of 2023 28.12.2023 5/5