S.Baskaran v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 21.01.2022

CORAM:

THE HON'BLE MRS.JUSTICE T.V.THAMILSELVI Crl.O.P.No.1203 of 2022 S.Baskaran ... Petitioner Vs.

State represented by Inspector of Police, EOW-II, Erode District.

Crime No.1068 of 2012 ... Respondent 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 pending investigation in C.C.No.7 of 2021 in Crime No.1068 of 2012 pending before the Special Sessions court for trial Cases under TNPID Act, Coimbatore.

For Petitioner : Mr.G.Saravanabhavan For Respondent : Mr.A.Gokulakrishnan Additional Public Prosecutor

ORDER

(This case has been heard through video conference) The petitioner, who apprehends arrest at the hands of the respondent police for the alleged offences punishable under Sections 120(b), 420 of IPC r/w 5 of TNPID Act in C.C.No.7 of 2021 in Cr.No.1068 of 2012 of IPC, on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that the petitioner had started a business in the name of Boss Emu farms and Boss Poultry Farms along with three members. It is alleged that there is a dispute arose between the investors and the petitioners thereby the defacto

complainant preferred a complaint as against the petitioner and the respondent had also filed a charge sheet for the same in C.C.No.23 of 2013 before the Special Sessions Court for trial of cases under TNPID Act, Coimbatore and it is further alleged that petitioner did not appeared for trial Court proceedings in the year 2017 and hence the trial Court issued a NBW to the petitioner on 15.12.2017. Hence, the complaint.

3. The learned counsel appearing for the petitioner submits that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution. He further submits that the petitioner had already settled the amount for some of the investors and further the petitioner is ready to co-operate for the trial proceedings. The learned counsel, on instructions, would further submit that the petitioner, without prejudice to her rights, is ready to deposit the amount of Rs.10,00,000/- (Rupees Ten Lakhs only) to the credit of the Crime Number 1068 of 2012. Hence, he prays for grant of anticipatory bail to the petitioner with any conditions.

4. The learned Additional Public Prosecutor submits that due to the long absence of the petitioner in the mother case in C.C.No.23 of 2013, a split up charge sheet has been filed against the petitioner in C.C.No.7 of 2021 and the same is pending. However, he opposed for grant of anticipatory bail to the petitioner.

5. Considering the facts and circumstances of the case and also considering the long duration of the case, this Court is inclined to grant anticipatory bail to the petitioner and further the trial Court is directed to dispose the case within a period of three months. 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 Special Sessions Court for trial of cases under TNPID Act, Coimbatore 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 shall deposit a sum of Rs.10,00,000/- (Rupees Ten Lakhs Only) to the credit of Crime Number 1068 of 2021 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 Special Sessions Court for trial of cases under TNPID Act, Coimbatore. On such deposit being made, the learned Magistrate, shall obtain an affidavit of undertaking that the the amount of Rs.

petitioner to the credit of Crime Number 06 of 2021 within a period of two weeks failing which the anticipatory bail granted to the petitioner stands cancelled.

(b) the petitioner and 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.

(c)the petitioner shall report before the respondent Police daily at 10.30 a.m., until further orders and shall co-operate for trial proceedings regularly.

(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 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]. (g) If the accused thereafter abscond, a fresh FIR can be registered under Section 229A IPC.

-sd/- 21/01/2022 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 SPECIAL SESSIONS COURT FOR TRIAL OF CASES UNDER TNPID ACT, COIMBATORE.

2 THE INSPECTOR OF POLICE EOW-II, ERODE DISTRICT 3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

CC to M/S.M.KARTHIK Advocate on payment of necessary charges CRL OP.1203/2022 Date :21/01/2022 JPA 31/01/2022