CRL OP/18936/2020 of CHANDHANKUMAR Vs STATE REP BY, on 30 December 2020

1. Chandhankumar2. Mustafa Ansari3. Nawalsah4. Chandhankumar The State, represented byInspector of Police,Perumanallur Police Station,Thiruppur District. (Crime No.470 of 2019)

... PetitionersVs.... Respondent

PRAYER: Criminal Original Petition filed under Section 439 ofCriminal Procedure Code to enlarge the petitioners on bail inconnection with C.C.No.101 of 2020 pending Trial on the file ofJudicial Magistrate, Avinashi.

For Petitioner : Mr.R.SankarasubbuFor Respondent : Mr.T.Shunmugarajeswaran Government Advocate (Crl. Side)ORDER

(The case has been heard through video conference)

The petitioners, who were arrested and remanded tojudicial custody on 29.11.2019 for the offence punishable underSections 392 and 109 of I.P.C, in Crime No.470 of 2019on the fileof the respondent police, seek bail.

2. The case of the prosecution is that on 06.10.2019 at about 10.30 p.m., the petitioners have waylaid the defactocomplainant and snatched his mobile phone.

3. The learned counsel appearing for the petitioners wouldsubmit that the petitioners are innocent and they have been falselyimplicated in this. He would further submit that in order to putfetters on the petitioners another case in Crime No.469 of 2020 hasbeen registered against the petitioners and that the petitionershave been suffering incarceration for more than one year fromhttps://hcservices.ecourts.gov.in/hcservices/29.11.2019. He would further submit that charge sheet has been filed and the case has been taken on file in C.C.No.101 of 2020 on thefile of the Judicial Magistrate, Avinashi. Hence, he prays for grantof bail.

4. The learned Government Advocate (Crl. Side) appearingfor the respondent would vehemently oppose stating that thepetitioners belong to Bihar and that they have five others cases totheir credits including offence under Arms Act. He would furthersubmit that the alleged cell phone has been recovered from A5.

5. Heard the learned Counsels and perused the F.I.R.

6. Overall consideration of the facts, the nature ofaccusation, the nature of offences, the materials in support of theaccusation and the circumstances of the case and the period ofdetention of the petitioners in the judicial custody, this Court isinclined to grant bail to the petitioners subject to the followingconditions; (a) Accordingly, the petitioners are ordered to bereleased on bail on condition to execute a separate bond for a sumof Rs.25,000/-(Rupees Twenty Five Thousand Only) with two sureties,each for a like sum to the satisfaction of the learned JudicialMagistrate, Avinashi, and on further conditions that:

(b) the sureties shall affix their photographs and LeftThumb Impression in the surety bond and the learned Magistrate mayobtain a copy of their Aadhar card or Bank pass Book to ensuretheir identity;

(c) the petitioners shall appear before the respondentpolice every day at 10.30 a.m., until further orders.

(d) the petitioners shall not commit any offences ofsimilar nature; (e) the petitioners shall not abscond either duringinvestigation or trial; (f) the petitioner shall not tamper with evidence orwitness either during investigation or trial; (g) on breach of any of the aforesaid conditions, thelearned Judicial Magistrate/Trial Court is entitled to takeappropriate action against the petitioners in accordance with law asif the conditions have been imposed and the petitioners released onbail by the learned Magistrate/Trial Court himself as laid down bythe Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560]; (h) if the accused thereafter absconds, a fresh FIR can beregistered under Section 229A IPC. https://hcservices.ecourts.gov.in/hcservices/

7. With the above directions, this Criminal OriginalPetition stands ordered.

-sd/-

30/12/2020

This order, on being produced, be punctually observed and carriedinto execution by all concerned TRUE COPY

Sub-Assistant Registrar (Statistics/C.S.) High Court, Madras - 600 104.

TO

1 THE JUDICIAL MAGISTRATE,AVINASHI.

2 THE CHIEF JUDICIAL MAGISTRATE,TIRUPPUR [FOR INFORMATION].3 THE PUBLIC PROSECUTOR,HIGH COURT, MADRAS.4 THE INSPECTOR OF POLICE,PERUMANALLUR POLICE STATION,TIRUPPUR DISTRICT.5 THE SUPERINTENDENT,CENTRAL PRISON, COIMBATORE.

CC to M/S.R.SANKARASUBBU Advocate on payment of necessarycharges CRL OP.18936/2020

Date :30/12/2020

MN-31/12/2020

https://hcservices.ecourts.gov.in/hcservices/