IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 20.04.2022

CORAM:

THE HON'BLE Dr. JUSTICE G.JAYACHANDRAN

Crl.O.P.No.8999 of 2022

Kalimuthu

... Petitioner

Vs.

The State rep. by

The Inspector of Police,

Tiruvannamalai Town Police Station,

Tiruvannamalai.

(Crime No.139 of 2022)

... Respondent

PRAYER: Criminal Original Petition has been filed under Section 439 of

Cr.P.C praying to enlarge the petitioner on bail in Crime No.139 of

2022 on the file of the respondent police.

For Petitioner : Mr.P.Jayachandran

For Respondent : Mrs.G.V.Kasthuri

Additional Public Prosecutor

********

ORDER

The petitioner, who was arrested on 03.04.2022 for the offences

punishable under Section 399 of IPC in Crime No.139 of 2022, on the

file of the respondent police, seeks bail.

2. The petitioner was arrested on 03.04.2022 for the alleged

offence of planning robbery with deadly weapon.

3. The learned counsel for the petitioner submits that the

petitioner is nothing to do with the other accused, and he is Barber

by profession. The respondent police has wrongly impleaded the

petitioner as one of the accused.

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

4. The learned Additional Public Prosecutor appearing for the

respondent police opposed grating bail to the petitioner for the

reason that 1 knife, 2 iron rods and 9 wooden logs were recovered

from the accused persons, who were jointly planning to commit robbery

during the night time.

5.Taking note of the above fact, the petitioner is in prison for

the past 17 days and their plan to commit the robbery had been stopped

by timely intervention of the respondent police and the petitioner has

no bad antecedence, this Court is inclined to grant bail to this

petitioner. Accordingly, the petitioner is ordered to be released on

bail subject to the following conditions;

(a) the petitioner shall execute a bond for a sum of

Rs.50,000/- (Rupees Fifty Thousand only) with two sureties,

each for a like sum to the satisfaction of the learned

Judicial Magistrate No.I Court, Tiruvannamalai.

(b) the sureties shall affix their photographs and Left

Thumb Impression in the surety bond and the learned

Magistrate may obtain a copy of their Aadhar Card or Bank

Pass Book to ensure their identity;

(c) the petitioner is directed to stay at Arcot and

report before Arcot town police station daily at 10.30. a.m,

for the period of 30 days.

(d) the petitioner shall not tamper with evidence or

witness either during investigation or trial;

(e) 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];

(f) if the accused thereafter absconds, a fresh FIR

can be registered under Section 229A IPC.

-sd/-

20/04/2022

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.

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

TO

1 THE JUDICIAL MAGISTRATE,

NO.I, TIRUVANNAMALAI

2 THE CHIEF JUDICIAL MAGISTRATE

TIRUVANNAMALAI [FOR INFORMATION]

3 THE INSPECTOR OF POLICE

TIRUVANNAMALAI TOWN POLICE STATION,

TIRUVANNAMALAI,

4 THE SUPERINTENDENT,

VELLORE PRISION, VELLORE.

5 THE PUBLIC PROSECUTOR

HIGH COURT, MADRAS.

6 THE INSPECTOR OF POLICE,

/THE STATION HOUSE OFFICER,

ARCOT TOWN POLICE STATION,

ARCOT

+1 CC to M/S. P.JAYACHANDRAN Advocate on payment of necessary

charges SR.NO.5837

CRL OP.8999/2022