Logeswaran vs The State Rep. By
2022 Latest Caselaw 3378 Mad

Citation : 2022 Latest Caselaw 3378 Mad
Judgement Date : 23 February, 2022

Madras High Court

Logeswaran vs The State Rep. By on 23 February, 2022

                                                                                 Crl.RC.No.199 of 2022

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                 DATED : 23.02.2022

                                                         CORAM

                                  THE HONOURABLE Mr.JUSTICE N.SESHASAYEE


                                                Crl.RC.No.199 of 2022

                    Logeswaran                                    ...         Petitioner


                                                           Vs.

                   1.The State Rep. by
                     The Assistant Commissioner of Police,
                     (Crime Against Women and Children)
                     Deputy Commissioner Office Building,
                     Creams Road, Thousand Lights,
                     Chennai – 600 006.

                   2.The Inspector of Police,
                     W-35, All women Police Station,
                     Tambaram,                                               ... Respondents

                             Criminal Revision filed under Section 397 r/w 401 of          Criminal
                   Procedure Code praying to set aside the order passed by the Honourable
                   Judicial Magistrate I, Tambaram in Crl.M.P.No.148 of 2022 in Crime No.5 of
                   2021 on the file of the second respondent and release the Petitioner on bail
                   under section 167 (ii).


                                        For Petitioner     : M/s.D.Alexis Sudhakar
                                        For R1 & R2        : Mr.L.A.J.Selvam
                                                             Government Advocate (Crl. Side)
https://www.mhc.tn.gov.in/judis

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                                                                                  Crl.RC.No.199 of 2022



                                                   JUDGMENT

The present Revision is filed for default bail under section 167 (ii) of Cr.P.C.

The petitioner is in judicial custody for 116 days in a case registered in Crime

No.5 of 2021 of the respondent police for an offence under section 376 and

506(ii) IPC. The case was initially registered by the 2nd respondent, later the

investigation was transferred to the first respondent. The petitioner was

earlier granted bail but, that came to be cancelled in Crl.O.P.No.13157 of

2021 filed by the victim Vide the order dated 13.09.2021.

2.It could be seen from the copy of the order made available in the typeset of

papers, that this Court has cancelled the bail earlier granted not on the

ground on which the defacto complainant has sought cancellation of bail, but

on the ground that the bail itself was granted without transferee Investigating

Agency before it. It is in this background, the petitioner has moved the

Judicial Magistrate I, Tambaram in Crl.M.P.No.148 of 2022 for statutory bail

under Section 167 (ii) of Cr.P.C.

3.Heard the learned Government Advocate (Crl.Side). He submitted that the

investigation is complete and charge sheet has also been laid in the PRC No.3

of 2022.

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

Crl.RC.No.199 of 2022

4.Taking into consideration the duration of incarnation suffered by the

petitioner and the line of the prosecution case and also the stage of

investigation, this Court finds it appropriate to grant bail to the petitioner on

the following conditions;

(i) the petitioner shall be released on bail on he executing a bond for a sum of Rs.25,000/- with two sureties, each for a like sum to the satisfaction of the Honorable Judicial Magistrate No.I, Tambaram;

(ii) the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the Principal Sessions Judge, Salem, may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity;

(iii) the petitioner shall report before the Judicial Magistrate - I , Tambaram, daily at 10.30 a.m for a period of 15 days and thereafter twice a week ie., on Monday's and Friday's at 10.30 a.m., until further orders;

(iv) on breach of any of the aforesaid conditions, the Honorable Judicial Magistrate No.I, Tambaram 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 Honorable Judicial https://www.mhc.tn.gov.in/judis

Crl.RC.No.199 of 2022

Magistrate No.I, Tambaram himself as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560]; and

(v) if the petitioner thereafter absconds, a fresh FIR can be registered under Section 229A IPC;

5.In the result, the order passed by the Honorable Judicial Magistrate No.I,

Tambaram in Crl.M.P.No.148 of 2022 on 24.01.2022 is set aside and the

Criminal Revision Petition is accordingly allowed.

23.02.2022

Tsg/dk

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

Crl.RC.No.199 of 2022

1.The Judicial Magistrate I, Tambaram

2.The Superintendent of Prison, Central Puzhal Prison, Chennai.