Chockalingam v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 24.01.2022

CORAM:

THE HON'BLE MRS.JUSTICE T.V.THAMILSELVI Crl.O.P.No.1352 of 2022 1.Chockalingam

...Petitioners

2.Dhanapal 3.Pakkirisamy 4.Jayakumar Vs.

The State Represented by ... Respondent The Inspector of Police, Valivalam Police Station, Nagapattinam District.

(Crime No.245 of 2021) Prayer: Criminal Original Petition filed under Section 438 of Cr.P.C., praying to enlarge the petitioner on bail in the event of their arrest by the respondent police concerned in crime No.245 of 2021, on the file of the respondent Police.

For Petitioners : M/s.Swamisubramnian For Respondent : Mr.A.Gokulakrishnan, Additional Public Prosecutor

ORDER

The petitioners, who apprehend arrest for the alleged offence under Section 379 of IPC, in Cr.No.245 of 2022 on the file of the respondent police, seek anticipatory bail.

2. The case of the prosecution is that on 08.06.2021, the accused persons unlawfully transported the Government trees through the vehicle bearing registration No.TN-38BE-1365 for selling and the same has restrained by the informant herein and lodged the present complaint as against the petitioners before the respondent police. 3.The learned counsel appearing for the petitioners submits that the petitioners are falsely implicated in this case. However, on instructions, the learned counsel further submits that the petitioner, on his own volition, is ready and willing to contribute a

sum of Rs.10,000/- to any Charitable Purpose as may be directed by this Court and he prays for grant of anticipatory bail to the petitioner. Hence, he prayed to grant anticipatory bail to the petitioners.

4.The learned Additional Public Prosecutor submits that the investigation is almost completed.

5. Considering the facts and circumstances of the case and also the submissions made by both counsel and the investigation is almost completed, this Court is inclined to grant anticipatory bail to the petitioners.

6. Accordingly, the petitioners are directed 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.I, Nagapattinam, 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, failing which, the petition for anticipatory bail shall stand dismissed and on further condition that: (a)the petitioners are directed to deposit a sum of Rs.10,000/- (Rupees Ten thousand only) (each) to the Registered Advocate Clerks Association, Nagapattinam, 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 as and when required for an interrogation; (c)the petitioners shall not tamper with evidence or witness either during investigation or trial; (d)the petitioners shall not abscond either during investigation or trial;

(e)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 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;

(f)if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.

-sd/- 24/01/2022 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.I, NAGAPATTINAM.

2 THE CHIEF JUDICIAL MAGISTRATE NAGAPATTINAM. [FOR INFORMATION] 3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

4 THE INSPECTOR OF POLICE, VALIVALAM POLICE STATION, NAGAPATTINAM DISTRICT.

5 THE REGISTERED ADVOCATE CLERK ASSOCIATION, NAGAPATTINAM DISTRICT.

CC to M/S SWAMISUBRAMANIAN Advocate on payment of necessary charges CRL OP.1352/2022 Date :24/01/2022 TA-01/02/2022