K.Murugesan v. State Rep By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 20.01.2022
CORAM:
THE HON'BLE MRS.JUSTICE T.V.THAMILSELVI Crl.O.P.No.1164 of 2022 1.K.Murugesan 2.Haridoss Ganesan ... Petitioners Vs.
The State Represented by The Inspector of Police, J-12 Kanathur Police Station, Chennai.
(Crime No.790 of 2020) ... 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 by the respondent police concerned in crime No.790 of 2020, on the file of the respondent Police.
For Petitioners : Mr.S.Suresh For Respondent : MR.A.GOKULAKRISHNAN, Additional public Prosecutor
ORDER
The petitioners, who apprehend arrest for the alleged offence under Sections 342, 323, 387 and 506(i) of IPC, in Cr.No.790 of 2020 on the file of the respondent police, seeks anticipatory bail. 2.The case of the prosecution is that the petitioner and other accused were way laid the defacto complainant and snatched four cell phones and 6 Sovereign gold chain from the pant pocket of the defacto complainant, for which the defacto complainant lodged a complaint before the respondent police, resulting which, the present complaint has been filed.
3.The learned counsel appearing for the petitioners submits that the petitioners are innocent person 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
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 petitioners. 4.The learned Additional Public Prosecutor would submit that the properties are recovered and the investigation is almost completed.
5. Considering the facts and circumstances of the case and also the submissions made by both counsel, 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 their 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 Court No.II, Alandhur, 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, Alandhur, 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;
(a)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; (b)the petitioners shall report before the respondent police on every Tuesday at 10.30 a.m., for a period of four weeks and thereafter 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/- 20/01/2022 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.II, ALANDHUR.
2 THE CHIEF JUDICIAL MAGISTRATE CHENGALPET [FOR INFORMATION].
3 THE INSPECTOR OF POLICE, J-12, KANATHUR POLICE STAITON, CHENNAI.
4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
5 THE REGISTERED ADVOCATE, CLERKS ASSOCIATION, ALANDHUR.
CC to M/S S.SURESH Advocate on payment of necessary charges CRL OP.1164/2022 Date :20/01/2022 JPA 25/01/2022