Ramu v. The State Rep By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 21.01.2022
CORAM
THE HONOURABLE MRS. JUSTICE T.V.THAMILSELVI CRL.O.P.No.1188 of 2022 1.Ramu 2.M.Rajesh ... Petitioners
Versus
State represented by The Inspector of Police, All Women Police Station, Arakkonam, Thiruvallur District.
(Crime No.01 of 2022) ... Respondent Prayer:- Criminal Original Petition filed under Section 438 of the Code of Criminal Procedure, to enlarge the petitioners on bail in the event of their arrest in Crime No.01 of 2022 on the file of respondent.
For Petitioners : Mr.R.Vivekananthan For Respondent : Mr.A.Gokulakrishnan, Additional Public Prosecutor *********
ORDER
The petitioners, who apprehends arrest at the hands of the respondent police for the alleged offences under Sections 294(b), 323, 354, 448, 506(ii) of IPC in Crime No.01 of 2022, seeks anticipatory bail.
2. The case of the prosecution is that the defacto complainant borrowed loan from the 1st petitioner. It is further alleged that for the same defacto complainant settled liability repaid by way of handed over two cheques, Toyota Etios car and Land document. It is further alleged that the petitioners abused defacto complainant in filthy language and also threatened with dire consequences, also grabbed defacto complainants mobile phone. Hence, the complaint.
3. The learned counsel appearing for the petitioners submitted that the petitioners have not committed any offence as alleged by the prosecution and they have been falsely implicated in this case. Hence, he prays for grant of anticipatory bail.
4. The learned Additional Public Prosecutor appearing for the respondent submitted that the petitioners were abused the defacto complainant in filthy language and threatened with dire consequences. However, he vehemently opposed to grant anticipatory bail to the petitioners.
5. Considering the facts and circumstances of the case, there is civil dispute, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions.
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, Arakkonam, 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, failing which, the petition for anticipatory bail shall stand dismissed and on further condition that:
(a) 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;
(b) the petitioners shall report before the respondent as and when requires for 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 have 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/- 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 JUDICIAL MAGISTRATE, ARAKKONAM.
2 THE CHIEF JUDICIAL MAGISTRATE VELLORE [FOR INFORMATION].
3 THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, ARAKKONAM, THIRUVALLUR DISTRICT 4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
+1 CC to M/S.R.VIVEKANANTHAN Advocate on payment of necessary charges SR.NO.972 CRL OP.1188/2022 Date :21/01/2022 JPA 25/01/2022