P.Gopi v. State Rep By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 06.01.2022
CORAM:
THE HON'BLE MRS.JUSTICE T.V.THAMILSELVI Crl.O.P.No.89 of 2022 P.Gopi .. Petitioner Vs.
State, rep by The Inspector of Police T-8, Muthapudhupet Police Station, Thiruvallur District.
Crime No.3 of 2022
...Respondent
Prayer: Criminal Original Petition filed under Section 438 of Cr.P.C., praying to enlarge the petitioner/accused No.1 on bail in the event of arrest by the respondent police in Crime No.3 of 2022 on the file of the respondent police.
For Petitioner : Mr.M.Chandrasekaran For Respondent : Mr.N.S.Suganthan Government Advocate (Crl.Side)
ORDER
The petitioner, who apprehends arrest at the hands of the respondent police for the alleged offences punishable under Section 341, 332 and 506(ii) of IPC in Crime No.3 of 2022, on the file of the respondent police, seeks anticipatory bail.
2.The case of the prosecution is that on 01.01.2022 at about 11.30a.m., when the defacto complainant who was a Government Bus Conductor (MTC), Avadi Depot on duty, insisted the petitioner to buy ticket, the petitioner refused to buy the same, following which, the defacto complainant de-boarded the petitioner. It is further alleged that on the return trip, the petitioner along with other stopped and boarded into the bus and attacked him and also intimidated him, thereby, the defacto complainant sustained injuries. Hence, the complaint.
3.The learned counsel appearing for the petitioner submits that the petitioner has not been committed any such offence as alleged by the prosecution and he has been falsely implicated in this case. However, on instructions, he submits that the petitioner is ready and willing to pay a sum of Rs.10,000/- to any Charitable purpose as may be directed by this Court. Hence, the learned counsel prays to grant anticipatory bail to the petitioner.
4.The learned Government Advocate (Crl.Side) submits that the investigation was almost completed.
5. Considering the fact that the investigation was almost completed and also the fact that the petitioner has willfully and on his own volition agreed to contribute a sum of Rs.10,000/- for charitable purpose, this Court is inclined to grant anticipatory bail to the petitioner.
6.Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen (15) days after lifting of lockdown or the commencement of the Court's normal functioning whichever is earlier, before the learned Judicial Magistrate, Ambattur on condition that the petitioner shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand Only), with two sureties each for a like sum to the satisfaction of the respondent police or the police officer who intends to arrest or to the satisfaction of the learned Magistrate concerned and on further condition that:
[a] the petitioner is directed to deposit a sum of Rs.10,000/- (Rupees Ten thousand only) to the Registered Advocate Clerks Association, Thiruvallur within a period of fifteen (15) days after lifting of lockdown or the commencement of the Court's normal functioning whichever is earlier and shall produce the said receipt before the Court below;
[b] the petitioner and the sureties shall affix their photographs and left thumb impression in the surety bond and the Court concerned may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity;
[c] the petitioner shall report before the respondent police on Saturday at 10.30p.m for a period of four weeks and thereafter as and when required for an interrogation;
[d] the petitioner shall not tamper with evidence or witness either during investigation or trial;
[e] the petitioner shall not abscond either during investigation or trial;
[f] on breach of any of the aforesaid conditions, the learned Magistrate/ Trial Court is entitled to take appropriate action against the petitioner in accordance with law as if the conditions has been imposed and the petitioner is 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]; and;
[g] if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC;
-sd/- 06/01/2022 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.
TO 1 THE JUDICIAL MAGISTRATE, AMBATTUR 2 THE CHIEF JUDICIAL MAGISTRATE THIRUVALLUR(FOR INFORMATION) 3 THE INSPECTOR OF POLICE, T-8 MUTHAPUDHUPET POLICE STATION, THIRUVALLUR DISTRICT.
4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
5 THE REGISTERED ADVOCATE CLERKS ASSOCIATION, THIRUVALLUR CC to Mr.M.Chandrasekaran Advocate on payment of necessary charges Sr.266 CRL OP.89/2022 Date :06/01/2022 RVR 19/01/2022