This order grants default bail to the petitioner under Section 167(2) Cr.P.C. after 124 days of custody without a charge sheet, relying on the mandatory nature of the provision despite the serious nature of the TNPSC scam charges.
Petitioner released on bail on personal bond of Rs.10,000 and two sureties for Rs.10,000 each.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 22.06.2020
CORAM:
THE HON'BLE MR.JUSTICE A.D.JAGADISH CHANDIRA
Crl.O.P.No.8893 of 2020
D.Senthil Kumar ... Petitioner
Vs. State by: ... Respondent The Deputy Superintendent of Police CBCID ATC Egmore, Chennai. (Crime No.2 of 2020)
PRAYER: This Criminal Original Petition filed under section 439 of Cr.P.C., seeking to enlarge the petitioner on bail pending investigation in Crime No.2 of 2020 on the file of the Deputy Superintendent of Police, CBCID, ATC, Egmore, Chennai.
For Petitioner : Mr.K.R.Ramesh Kumar For Respondent : Mr.K.Prabakar Additional Public Prosecutor ORDER
(The case has been heard through video conference)
The petitioner who was arrested and remanded to judicial custody on 19.02.2020 in Cr.No.2 of 2020 which was registered by the respondent for the offences punishable under Sections 462, 468, 472 & 120 (b) IPC seeks bail.
3.The learned Additional Public Prosecutor would vehemently oppose stating that the petitioner is an accused in the TNPSC scam. The petitioner and other accused conspired together and committed https://hcservices.ecourts.gov.in/hcservices/ fraud by tampering of records in the selection process in Group IV
examination conducted by the Tamil Nadu Public Service Commission. He would submit that the investigation is pending and would oppose grant of bail.
“ 14.The scheme of Code of Criminal Procedure as noticed above clearly delineates that provisions of Section 167 of Code of Criminal Procedure gives due regard to the personal liberty of a person. Without submission of charge sheet within 60days or 90days as may be applicable, an accused cannot be detained by the Police. The provision gives due recognition to the personal liberty ”.
7.In view of the above, the petitioner is directed to be released on bail subject to the following conditions:
(a) Accordingly, the petitioner is ordered to be released on bail on executing his own bond for a sum of Rs.10,000/- (Rupees ten thousand only), before the Superintendent of the concerned prison, in which the petitioner has been confined on his release;
(b) Thereafter, the petitioner shall execute two sureties for a sum of Rs.10,000/- (Rupees ten thousand only) each, before the learned XI Metropolitan Magistrate, Saidapet, Chennai on or before 22.07.2020, failing which the bail granted by this Court shall stand dismissed automatically;
(c) 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;
(d) the petitioner shall report before the respondent police as and when required for interrogation.
(e) the petitioner to furnish the correct address along with mobile number to the Investigating Officer and to the concerned Court.
(f)the petitioner shall not commit any offences of similar nature;
(g) the petitioner shall not abscond either during investigation or trial;
(h) the petitioner shall not tamper with evidence or witness either during investigation or trial;
(i) 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];
(j) if the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.
8. With the above directions, this Criminal Original Petition is ordered.
-sd/-
22/06/2020
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 XI METROPOLITAN MAGISTRATE SAIDAPET, CHENNAI.
2 THE CHIEF METROPOLITAN MAGISTRATE, EGMORE, CHENNAI. [FOR INFORMATION]
3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
4 THE DEPUTY SUPERINTENT POLICE, CBCID ATC, EGMORE, CHENNAI.
5 THE SUPERINTENDENT OF CENTRAL PRISON NH5, MAHALAKSHMI NAGAR NEW CENTRAL JAIL PUZHAL, CHENNAI 600 066
6 THE INSPECTOR OF POLICE, SAMAYNALLUR POLICE STATION, MADURAI DISTRICT.
CC to M/S K.R.RAMESH KUMAR Advocate on payment of necessary charges
Date :22/06/2020
TA-16/07/2020
2 issues framed by the court
Whether the petitioner is entitled to mandatory bail under Section 167(2) Cr.P.C. after 124 days without a final report.
Whether the grant of bail in a TNPSC scam case is constrained when the investigation period under Cr.P.C. has expired.
Colour shows how this judgement treated each authority
S.Kasi v. StateReferred¶17
S.Kasi v. State through the Inspector of Police, Samaynallur Police Station, Madurai District (Crl.A.No.452 of 2020 dated 19.06.2020)
P.K. Shaji vs. State of KeralaReferred¶28
P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560] · Who else cites this
4 provisions across 2 enactments
D.Senthil Kumar
State by: The Deputy Superintendent of Police CBCID ATC Egmore, Chennai
A.D. Jagadish Chandira
As recorded by the court registry
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