C.Bhavesh v. State Rep By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 11.01.2022
CORAM:
THE HON'BLE MRS.JUSTICE T.V.THAMILSELVI Crl.O.P.No.579 of 2022 1.C.Bhavesh 2.R.Suresh 3.C.PRamod .. Petitioners Vs.
State represented by The Inspector of Police, Pollachi Taluk Police Station, Pollachi.
Crime No.703 of 2021 ... Respondent Prayer: Criminal Original Petition filed under Section 438 of Cr.P.C., praying to enlarge the petitioners on bail in the event of his arrest by the respondent police in Cr.No.703 of 2021 on the file of the respondent police.
For Petitioners : Mr.C.Gunasekaran For Respondent : Mr.N.S.Suganthan Government Advocate (Crl.Side)
ORDER
(This case has been heard through video conference) The petitioners, who apprehend arrest at the hands of the respondent police for the alleged offences punishable under Section 379 of IPC, in Crime No.703 of 2021, on the file of the respondent police, seeks anticipatory bail.
2.The case of the prosecution is that the petitioners along with other accused were found in illegal transportation 1 1⁄2 units of ordinary stones. Hence the complaint.
3. The learned counsel appearing for the petitioners submits that the petitioners are innocent persons and they have not committed any offence as alleged by the prosecution. However, on instructions, the
learned counsel further submits that the petitioners, on their own vol tion, is ready and willing to contribute a sum of Rs.15,000/- to any Charitable Purpose as may be directed by this Court and he prays for grant of anticipatory bail to the petitioners.
4. The learned Government Advocate (Crl.Side) submits that there is no previous case pending against the petitioners. However, he opposed for grant of anticipatory bail to the petitioners.
5. Considering the facts and circumstances of the case and also considering the submissions made by the both counsel and also the fact that the petitioners has willfully and on his own volition agreed to contribute a sum of Rs.15,000/- for charitable purpose, this Court is inclined to grant anticipatory bail to the petitioners. 6.Accordingly, the petitioners are 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 No.2 at Pollachi on condition that the petitioners 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 petitioners are directed to deposit a sum of Rs.15,000/- to the Registered Advocate Clerks Association, Pollachi 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 petitioners 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 petitioners shall report before the respondent police on every saturday at 10.30.a.m., until futher orders. [d] the petitioners shall not tamper with evidence or witness either during investigation or trial;
[e] the petitioners 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 petitioners in accordance with law as if the conditions has been imposed and the petitioners 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/- 11/01/2022 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 NO.2, POLLACHI, COIMBATORE DISTRICT.
2 THE CHIEF JUDICIAL MAGISTRATE, COIMBATORE DISTRICT.
3 THE INSPECTOR OF POLICE, POLLACHI TALUK POLICE STATION, POLLACHI, COIMBATORE DISTRICT.
4 THE PUBLIC PROSECUTOR, HIGH COURT, MADRAS.
5 THE REGISTERED ADVOCATE CLERK ASSOCIATION, POLLACHI, COIMBATORE DISTRICT.
+1 CC to M/S I.ABRAR MOHAMED ABDULLAH Advocate on payment of necessary charges SR.NO.624 CRL OP.579/2022 Date :11/01/2022 INBA~20/01/2022