Allowed

Yesu @ Vellai v. Inspector of Police

Madras HC7 Mar 2024CRL OP/5682/2024

Case brief

AI extract

What is this about?

Two accused charged with house-breaking and theft sought bail under Section 439 Cr.P.C. Noting completion of investigation and filing of the final report, the court granted bail subject to conditions including bonds, periodic reporting to police and Magistrate, and non-tampering with evidence or witnesses.

What did the court decide?

Petitioners released on bail on bond of Rs.10,000 each with two sureties, with conditions including reporting to police and appearing before the Magistrate.

Yesu @ Vellai Vs Inspector of Police — Bail and Remand | Madras HC (2024)

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Crl.O.P.No.5682 of 2024

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 07.03.2024

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CORAM

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THE HON'BLE MR. JUSTICE C.V.KARTHIKEYAN

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Crl.O.P.No.5682 of 2024

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1.Yesu @ Vellai 2.Shiva @ Chinnasiva

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...Petitioners/Accused 1 & 2

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Vs.

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State represented by The Inspector of Police, Adhiyamankottai Police Station, Dharmapuri District.

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(Crime No.358 of 2023) ...Respondent

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PRAYER:

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Criminal Original Petition is filed under Section 439 of Cr.P.C. praying to enlarge the petitioner on bail concerned in Crime No.358 of 2023 on the file of the respondent police on such terms and conditions.

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For Petitioner : Mr.R.Rajprabhu For Respondent : Mr.L.Baskaran Government Advocate (Crl. Side)

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1/5 https://www.mhc.tn.gov.in/judis

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Crl.O.P.No.5682 of 2024

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ORDER

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The petitioners/A1 and A2 in Crime No.358 of 2023, registered by the respondent police for the offences under Sections 454, 380 of IPC and the petitioners were remanded to judicial custody on 31.12.2023 and 25.12.2023 respectively, seek bail.

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2.It is stated that on 20.12.2023, the house of the defacto complainant was found broken open and there was theft of gold and silver jewellery and cash of Rs.3,05,000/-. It is also stated that a substantial quantity of jewellery have been seized.

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3.The main objection raised is that there are seven previous cases against A1 but however, taking further facts into consideration, namely that investigation has been completed and final report has also been filed and the same has also been taken cognizance as C.C.No.12 of 2024 by the Judicial Magistrate – II, Dharmapuri, I am inclined to grant bail to the petitioners subject to the following conditions:

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Crl.O.P.No.5682 of 2024

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4.Accordingly, the petitioners are ordered to be released on bail on condition to execute separate bond for a sum of Rs.10,000/ - (Rupees Ten Thousand only) each with two sureties, each for a like sum to the satisfaction of the Judicial Magistrate No.II, Dharmapuri, Dharmapuri District, and on further conditions that: -

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[a] the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity.

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[b] the petitioners shall report before the respondent police everyday at 10.30 a.m., for a period of twenty days and thereafter, appear before the Judicial Magistrate No.II, Dharmapui, on every Monday at 10.30 a.m., till the charges are framed and thereafter, during the Court hearing dates.

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[c] the petitioner shall not abscond either during investigation or

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trial.

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[d] the petitioner shall not tamper with evidence or witness either during investigation or trial.

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[e] On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the

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3/5

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https://www.mhc.tn.gov.in/judis

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Crl.O.P.No.5682 of 2024

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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].

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[f] If the accused thereafter absconds, a fresh FIR can be registered

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under Section 229A IPC.

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07.03.2024

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ata

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C.V.KARTHIKEYAN. J.

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4/5 https://www.mhc.tn.gov.in/judis

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Crl.O.P.No.5682 of 2024

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ata

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The Judicial Magistrate No.II, Dharmapuri, Dharmapuri District.

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The Central Prison, Salem.

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3.The Inspector of Police, Adhiyamankottai Police Station, Dharmapuri District.

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4.The Public Prosecutor, High Court of Madras.

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Crl.O.P.No.5682 of 2024

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07.03.2024

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5/5 https://www.mhc.tn.gov.in/judis

Yesu @ Vellai v. Inspector of Police

Case brief

What is this about?

What did the court decide?

Yesu @ Vellai v. Inspector of Police

Case brief

What is this about?

What did the court decide?

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